AB40-ASA1,557,224 49.148 (4) (b) The Wisconsin Works agency may require an individual who tests
25positive for use of a controlled substance under par. (a) to participate in a drug abuse

1evaluation, assessment, and treatment program as part of the participation
2requirement under s. 49.147 (4) (a) and (am) (as) or (5) (b) and (bm) (bs).
AB40-ASA1, s. 1364 3Section 1364. 49.151 (1) (b) of the statutes is amended to read:
AB40-ASA1,557,104 49.151 (1) (b) The participant, or an individual who is in the participant's
5Wisconsin Works group and who is subject to the work requirement under s. 49.15
6(2), fails, without good cause, as determined by the Wisconsin Works agency, to
7appear for an interview with a prospective employer or, if the participant is in a
8Wisconsin Works transitional placement, the participant fails to appear for an
9assigned activity, including an activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d.,
10without good cause, as determined by the Wisconsin Works agency.
AB40-ASA1, s. 1365 11Section 1365. 49.1515 (title) of the statutes is amended to read:
AB40-ASA1,557,12 1249.1515 (title) Determining nonparticipation without good cause.
AB40-ASA1, s. 1366 13Section 1366. 49.1515 (2) of the statutes is repealed.
AB40-ASA1, s. 1367 14Section 1367. 49.1515 (3) of the statutes is repealed.
AB40-ASA1, s. 1367c 15Section 1367c. 49.152 (1) of the statutes is amended to read:
AB40-ASA1,558,216 49.152 (1) Petition for review. Any individual whose application for any
17component of Wisconsin works Works is not acted upon by the Wisconsin works
18Works agency with reasonable promptness after the filing of the application, as
19defined by the department by rule, or is denied in whole or in part, whose benefit is
20modified or canceled, or who believes that the benefit was calculated incorrectly or,
21that the employment position in which the individual was placed is inappropriate,
22or that providing case management services under s. 49.147 (2) (am) in lieu of
23placement in a Wisconsin Works employment position is inappropriate,
may petition
24the Wisconsin works Works agency for a review of such action. Review is unavailable

1if the action by the Wisconsin works Works agency occurred more than 45 days prior
2to submission of the petition for review.
AB40-ASA1, s. 1367e 3Section 1367e. 49.152 (3) (a) of the statutes is amended to read:
AB40-ASA1,558,154 49.152 (3) (a) If, following review under sub. (2), the Wisconsin works Works
5agency or the department determines that an individual, whose application for a
6Wisconsin works Works employment position was denied based on eligibility, was in
7fact eligible, or that the individual was placed in an inappropriate Wisconsin works
8Works employment position or inappropriately provided case management services
9under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment
10position
, the Wisconsin works Works agency shall place the individual in the first
11available Wisconsin works Works employment position that is appropriate for that
12individual, as determined by the Wisconsin works Works agency or the department.
13An individual who is placed in a Wisconsin works Works employment position under
14this paragraph is eligible for the benefit for that position under s. 49.148 beginning
15on the date on which the individual begins participation under s. 49.147.
AB40-ASA1, s. 1368 16Section 1368. 49.153 (1) (am) of the statutes is repealed.
AB40-ASA1, s. 1369 17Section 1369. 49.153 (1) (bm) of the statutes is renumbered 49.153 (1) (a) and
18amended to read:
AB40-ASA1,558,2119 49.153 (1) (a) After providing the explanation under par. (am), provide Provide
20to the participant written notice of the proposed action and of the reasons for the
21proposed action.
AB40-ASA1, s. 1370 22Section 1370. 49.153 (1) (c) of the statutes is amended to read:
AB40-ASA1,559,223 49.153 (1) (c) After providing the explanation or the attempts to provide an
24explanation under par. (am) and the notice under par. (bm), if the participant has not
25already been afforded a conciliation period under s. 49.1515 (3)
(a), allow the

1participant a reasonable time to rectify the deficiency, failure, or other behavior to
2avoid the proposed action.
AB40-ASA1, s. 1371 3Section 1371. 49.153 (2) of the statutes is amended to read:
AB40-ASA1,559,74 49.153 (2) Rules. The department shall promulgate rules that establish
5procedures for the notice and explanation under sub. (1) (a) and that define
6"reasonable attempts" for the purpose of sub. (1) (am) and "reasonable time" for the
7purpose of sub. (1) (c).
AB40-ASA1, s. 1373 8Section 1373. 49.155 (1g) (ac) of the statutes is amended to read:
AB40-ASA1,559,109 49.155 (1g) (ac) A child care scholarship and bonus program, in the amount of
10at least $3,475,000 $3,975,000 per fiscal year.
AB40-ASA1, s. 1374 11Section 1374. 49.155 (1g) (c) of the statutes is amended to read:
AB40-ASA1,559,1312 49.155 (1g) (c) Child care licensing activities, in the amount of at least
13$5,763,900 $8,767,000 per fiscal year.
AB40-ASA1, s. 1375 14Section 1375. 49.155 (1g) (g) of the statutes is created to read:
AB40-ASA1,559,1615 49.155 (1g) (g) Contracts and grants to implement the child care quality rating
16system under s. 48.659.
AB40-ASA1, s. 1376 17Section 1376. 49.155 (1h) of the statutes is repealed.
AB40-ASA1, s. 1376n 18Section 1376n. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
AB40-ASA1,559,2419 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years
20and the individual resides with his or her custodial parent or with a kinship care
21relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57
22(3n) or is in a foster home licensed under s. 48.62, a subsidized guardianship home
23under s. 48.62 (5) 48.623, a group home, or an independent living arrangement
24supervised by an adult.
AB40-ASA1, s. 1377e 25Section 1377e. 49.155 (1m) (bm) of the statutes is amended to read:
AB40-ASA1,560,4
149.155 (1m) (bm) If the individual is providing care for a child under a court
2order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or
348.62 (5) 48.623, or if the individual is a foster parent, and child care is needed for
4that child, the child meets the requirement under s. 49.145 (2) (c).
AB40-ASA1, s. 1377f 5Section 1377f. 49.155 (1m) (c) 1g. of the statutes is amended to read:
AB40-ASA1,560,136 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized
7guardian or interim caretaker of the child under s. 48.62 (5) 48.623, the child's
8biological or adoptive family has a gross income that is at or below 200% of the
9poverty line. In calculating the gross income of the child's biological or adoptive
10family, the department or county department or agency determining eligibility shall
11include court-ordered child or family support payments received by the individual,
12if those support payments exceed $1,250 per month, and income described under s.
1349.145 (3) (b) 1. and 3.
AB40-ASA1, s. 1378c 14Section 1378c. 49.155 (3m) (d) of the statutes is renumbered 49.155 (3m) (d)
151. and amended to read:
AB40-ASA1,560,1916 49.155 (3m) (d) 1. No funds distributed under par. (a) may be used for child care
17services that are provided for a child by a child care provider who is the parent of the
18child or who resides with the child, unless the county determines that the care is
19necessary because of a special health condition of the child
.
AB40-ASA1, s. 1378d 20Section 1378d. 49.155 (3m) (d) 2., 3. and 4. of the statutes are created to read:
AB40-ASA1,560,2321 49.155 (3m) (d) 2. If a child's parent is a child care provider, no funds
22distributed under par. (a) may be used for child care services that are provided for
23the child by another child care provider who is not the child's parent.
AB40-ASA1,561,3
13. Subdivision 1. or 2. does not apply if the child's parent has applied for, and
2been granted, a waiver of the prohibition under subd. 1. or 2. by the county
3department or agency or by the department.
AB40-ASA1,561,64 4. The department shall by rule specify the circumstances, or standards for
5determining the circumstances, under which the department will grant a waiver
6under subd. 3.
AB40-ASA1, s. 1378g 7Section 1378g. 49.155 (4) of the statutes is renumbered 49.155 (4) (a).
AB40-ASA1, s. 1378h 8Section 1378h. 49.155 (4) (b) of the statutes is created to read:
AB40-ASA1,561,119 49.155 (4) (b) 1. Except as provided in subd. 2., no eligible individual may
10benefit personally from any marketing or promotional offerings made by a child care
11provider to attract clients or increase business.
AB40-ASA1,561,1412 2. Subdivision 1. does not apply to marketing or promotional offerings that
13directly benefit an eligible individual's child for whom the child care provider is
14providing child care services.
AB40-ASA1, s. 1379 15Section 1379. 49.155 (6) (e) of the statutes is renumbered 49.155 (6) (e) 2. and
16amended to read:
AB40-ASA1,561,1917 49.155 (6) (e) 2. The Except as provided in subd. 3., the department may not
18increase the maximum reimbursement rates for child care providers in 2009, in
192010, or
before June 30 in 2011, 2013.
AB40-ASA1, s. 1380 20Section 1380. 49.155 (6) (e) 1. of the statutes is created to read:
AB40-ASA1,561,2321 49.155 (6) (e) 1. In this paragraph, "quality rating plan" means the plan for
22implementing the child care quality rating system under s. 48.659 submitted by the
23department under 2009 Wisconsin Act 28, section 9108 (7f).
AB40-ASA1, s. 1381 24Section 1381. 49.155 (6) (e) 3. of the statutes is created to read:
AB40-ASA1,562,3
149.155 (6) (e) 3. Beginning on July 1, 2012, the department may modify a child
2care provider's reimbursement rate under subd. 2. on the basis of the provider's
3quality rating, as described in the quality rating plan, in the following manner:
AB40-ASA1,562,54 a. For a child care provider who receives a 1-star rating, the department shall
5deny reimbursement.
AB40-ASA1,562,76 b. For a child care provider who receives a 2-star rating, the department may
7reduce the maximum reimbursement rate by up to 5 percent.
AB40-ASA1,562,98 c. For a child care provider who receives a 3-star rating, the department may
9pay up to the maximum reimbursement rate.
AB40-ASA1,562,1110 d. For a child care provider who receives a 4-star rating, the department may
11increase the maximum reimbursement rate by up to 5 percent.
AB40-ASA1,562,1512 e. For a child care provider who receives a 5-star rating, the department may
13increase the maximum reimbursement rate by up to 10 percent, except that
14beginning on January 1, 2013, the department may increase the maximum
15reimbursement rate for such a child care provider by up to 25 percent.
AB40-ASA1, s. 1382 16Section 1382. 49.155 (6) (e) 4. of the statutes is created to read:
AB40-ASA1,562,2017 49.155 (6) (e) 4. The department may use a severity-index tool, as described
18in the quality rating plan, to disqualify child care providers who receive a low quality
19rating, as described in the quality rating plan, from receiving payment under this
20section.
AB40-ASA1, s. 1382g 21Section 1382g. 49.155 (6) (e) 5. of the statutes is created to read:
AB40-ASA1,562,2522 49.155 (6) (e) 5. For purposes of modifying reimbursement rates under subd.
233., the department shall assign a child care provider that is accredited from the
24Council on Accreditation a 4-star rating or 5-star rating, whichever the department
25determines is appropriate.
AB40-ASA1, s. 1383
1Section 1383. 49.155 (6d) of the statutes is created to read:
AB40-ASA1,563,32 49.155 (6d) Cost-saving measures. (a) To reduce costs under the program
3under this section, the department may do any of the following:
AB40-ASA1,563,64 1. Notwithstanding sub. (1m), implement a waiting list for receipt of a child
5care subsidy under this section, except that a Wisconsin Works program participant
6may not be placed on any waiting list implemented under this subdivision.
AB40-ASA1,563,87 2. Notwithstanding sub. (5), increase the copayment amount that an individual
8must pay toward the cost of child care received under this section.
AB40-ASA1,563,109 3. Notwithstanding sub. (6), adjust the amount of reimbursement paid to child
10care providers providing child care services under this section.
AB40-ASA1,563,1211 4. Notwithstanding sub. (1m), adjust the gross income levels for eligibility for
12receipt of a child care subsidy under this section.
AB40-ASA1,563,1513 (b) If the department intends to take any of the actions under par. (a), the
14department shall submit to the joint committee on finance a report that sets out its
15plan for implementing the cost-saving measures.
AB40-ASA1, s. 1384c 16Section 1384c. 49.159 (3) of the statutes is amended to read:
AB40-ASA1,563,2117 49.159 (3) Other custodial parents. A custodial parent in a Wisconsin works
18Works group in which the other custodial parent is a participant in a Wisconsin
19works Works employment position or is receiving case management services under
20s. 49.147 (2) (am)
is eligible for employment training and job search assistance
21services provided by the Wisconsin works Works agency.
AB40-ASA1, s. 1385 22Section 1385. 49.162 of the statutes, as affected by 2009 Wisconsin Act 333
23and 2011 Wisconsin Act .... (this act), is repealed.
AB40-ASA1, s. 1385c 24Section 1385c. 49.162 (3) (am) 5. of the statutes is created to read:
AB40-ASA1,564,5
149.162 (3) (am) 5. Host sites for employing individuals or placing work crews
2under this section must be businesses that are operated for profit, except that in the
3case of a natural disaster for which the governor has declared a state of emergency
4under s. 323.10, the department shall give a preference to any work crew placement
5or host site involved in natural disaster recovery.
AB40-ASA1, s. 1386 6Section 1386. 49.165 (2) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,564,147 49.165 (2) (c) (intro.) No grant may be made to an organization which provides
8or will provide shelter facilities unless the department of commerce safety and
9professional services
determines that the physical plant of the facility will not be
10dangerous to the health or safety of the residents when the facility is in operation.
11No grant may be given to an organization which provides or will provide shelter
12facilities or private home shelter care unless the organization ensures that the
13following services will be provided either by that organization or by another
14organization, person or agency:
AB40-ASA1, s. 1388 15Section 1388. 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin
16Act 28
, section 1227, is amended to read:
AB40-ASA1,564,2017 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within
18the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc),
19(md), (me), (mf), and (s), the department shall allocate the following amounts for the
20following purposes:
AB40-ASA1, s. 1389 21Section 1389. 49.175 (1) (a) of the statutes is amended to read:
AB40-ASA1,564,2422 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits,
23$49,139,400 $74,650,100 in fiscal year 2009-10 2011-12 and $51,229,600
24$72,131,500 in fiscal year 2010-11 2012-13.
AB40-ASA1, s. 1390 25Section 1390. 49.175 (1) (b) of the statutes is amended to read:
AB40-ASA1,565,4
149.175 (1) (b) Wisconsin Works administration. For administration of
2Wisconsin Works performed under contracts under s. 49.143, $8,247,000
3$10,107,200 in fiscal year 2009-10 2011-12 and $8,247,000 $10,107,200 in fiscal
4year 2010-11 2012-13.
AB40-ASA1, s. 1391 5Section 1391. 49.175 (1) (f) of the statutes is amended to read:
AB40-ASA1,565,96 49.175 (1) (f) Wisconsin Works ancillary services. For program services under
7Wisconsin Works provided under contracts under s. 49.143, $38,471,500 $47,229,300
8in fiscal year 2009-10 2011-12 and $35,471,500 $47,229,300 in fiscal year 2010-11
92012-13.
AB40-ASA1, s. 1392 10Section 1392. 49.175 (1) (g) of the statutes is amended to read:
AB40-ASA1,565,1411 49.175 (1) (g) State administration of public assistance programs and costs of
12overpayment collections.
For state administration of public assistance programs and
13costs associated with the collection of public assistance overpayments, $16,985,900
14in fiscal year 2009-10 and $17,091,700
$12,918,900 in each fiscal year 2010-11.
AB40-ASA1, s. 1393 15Section 1393. 49.175 (1) (i) of the statutes is amended to read:
AB40-ASA1,565,1916 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138,
17$6,500,000
and for transfer to the department of administration for low-income
18energy or weatherization assistance programs, $6,200,000
in fiscal year 2009-10
192011-12 and $6,000,000 in fiscal year 2010-11 2012-13.
AB40-ASA1, s. 1393L 20Section 1393L. 49.175 (1) (L) of the statutes is created to read:
AB40-ASA1,565,2221 49.175 (1) (L) Transitional jobs demonstration project. For the transitional jobs
22demonstration project under s. 49.162, $12,000,000 in fiscal year 2011-12.
AB40-ASA1, s. 1394 23Section 1394. 49.175 (1) (p) of the statutes is amended to read:
AB40-ASA1,566,3
149.175 (1) (p) Direct child care services. For direct child care services under s.
249.155, $384,987,600 $301,631,000 in fiscal year 2009-10 2011-12 and $402,496,800
3$298,523,500 in fiscal year 2010-11 2012-13.
AB40-ASA1, s. 1395 4Section 1395. 49.175 (1) (q) of the statutes is amended to read:
AB40-ASA1,566,95 49.175 (1) (q) Child care state administration and child care licensing
6activities.
For administration of child care programs under s. 49.155 and the
7allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,534,700
8$19,702,100 in fiscal year 2009-10 2011-12 and $8,889,700 $19,783,800 in fiscal
9year 2010-11 2012-13.
AB40-ASA1, s. 1396 10Section 1396. 49.175 (1) (qm) of the statutes is amended to read:
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