AB40: Bill Text

AB40, s. 1339 Section 1339 . 48.685 (5) (br) 5. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,632,23 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, or health care benefits under the Badger Care health care program under s. 49.665.

AB40, s. 1340 Section 1340. 48.78 (2) (g) of the statutes is amended to read:

AB40,633,14 48.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457. Unless authorized by an order of the court, the department of regulation and licensing safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB40, s. 1341 Section 1341. 48.84 (1) of the statutes is amended to read:

AB40,634,4 48.84 (1) Before a child may be placed under s. 48.833 for adoption by a proposed adoptive parent who has not previously adopted a child, before a proposed adoptive parent who has not previously adopted a child may petition for placement of a child for adoption under s. 48.837, and before a proposed adoptive parent who has not previously adopted a child may bring a child into this state for adoption under s. 48.839, the proposed adoptive parent shall complete the preadoption preparation required under this section. The preparation shall be provided by a licensed child welfare agency, a licensed private adoption agency, the state adoption information exchange under s. 48.55, the state adoption center under s. 48.55, a state-funded foster care and adoption resource center, a state-funded postadoption resource center, a technical college district school, the University of Wisconsin-Madison, or an institution or college campus within the University of Wisconsin System. If the proposed adoptive parent does not reside in this state, he or she may meet this requirement by obtaining equivalent preparation in his or her state of residence.

AB40, s. 1342 Section 1342. 48.981 (3m) (b) (intro.) of the statutes is amended to read:

AB40,634,19 48.981 (3m) (b) (intro.) The department shall establish a pilot program under which an agency in a county having a population of 500,000 or more or a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select an agency in a county having a population of 500,000 or more and not more than 4 agencies and county departments to participate in the pilot program in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of the plan of an agency or county department for involving the community in providing services for a family that is participating in the pilot program and a determination of whether an agency or a county department has an agreement with local law enforcement agencies and the representative of the public under s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following:

AB40, s. 1343 Section 1343. 49.131 (3) of the statutes is amended to read:

AB40,635,2 49.131 (3) The Except as provided in s. 49.377 (2), the department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.

AB40, s. 1344 Section 1344. 49.141 (7) (c) 3. of the statutes is amended to read:

AB40,635,7 49.141 (7) (c) 3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 1345 Section 1345. 49.143 (2) (d) of the statutes is amended to read:

AB40,635,14 49.143 (2) (d) If the Wisconsin works Works agency is not a county department under s. 46.215, 46.22 or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works Works, the food stamp supplemental nutrition assistance program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.

AB40, s. 1346 Section 1346. 49.143 (2r) of the statutes is amended to read:

AB40,635,21 49.143 (2r) Job programs. A Wisconsin Works agency shall collaborate with the local workforce development board to connect individuals seeking employment with employment opportunities, including the trial job program under s. 49.147 (3) and, if operating in the geographical area in which the Wisconsin Works agency administers Wisconsin Works, the transitional jobs demonstration project under s. 49.162.

AB40, s. 1347 Section 1347. 49.145 (2) (i) of the statutes is amended to read:

AB40,636,8 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775 49.395. The department may require an individual who receives benefits under s. 49.148 and who has applied for supplemental security income under 42 USC 1381 to 1383c to authorize the federal social security administration to reimburse the department for the benefits paid to the individual under s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.

AB40, s. 1348 Section 1348. 49.147 (3) (c) of the statutes is created to read:

AB40,636,20 49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin Works agency. A participant may participate in more than one trial job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin Works agency and approved by the department.

AB40, s. 1349 Section 1349. 49.147 (4) (as) of the statutes is amended to read:

AB40,637,5 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin Works agency to be appropriate for the participant at the time of application or review, except that the but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), a Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection participate in education or training activities for not more than 10 hours per week.

AB40, s. 1350 Section 1350. 49.147 (4) (b) of the statutes is created to read:

AB40,637,21 49.147 (4) (b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin Works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin Works agency and approved by the department, and if the Wisconsin Works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.

AB40, s. 1351 Section 1351. 49.147 (5) (b) (intro.) of the statutes is renumbered 49.147 (5) (b) 1. (intro.) and amended to read:

AB40,638,3 49.147 (5) (b) 1. (intro.) The Wisconsin works Works agency shall assign a participant under this subsection to work activities such as a community rehabilitation program, as defined by the department, a job similar to a community service job, or a volunteer activity. A Wisconsin works Works agency may require a participant under this subsection to participate in any of the following:

AB40, s. 1352 Section 1352. 49.147 (5) (b) 1m. of the statutes is renumbered 49.147 (5) (b) 1. a. and amended to read:

AB40,638,7 49.147 (5) (b) 1. a. An alcohol and other drug abuse evaluation, assessment, and treatment program.

AB40, s. 1353 Section 1353. 49.147 (5) (b) 2. of the statutes is created to read:

AB40,638,12 49.147 (5) (b) 2. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case-by-case basis by the department or by the Wisconsin Works agency with the approval of the department.

AB40, s. 1354 Section 1354. 49.147 (5) (b) 2m. of the statutes is renumbered 49.147 (5) (b) 1. b.

AB40, s. 1355 Section 1355. 49.147 (5) (b) 3. of the statutes is renumbered 49.147 (5) (b) 1. c.

AB40, s. 1356 Section 1356. 49.147 (5) (b) 4. of the statutes is renumbered 49.147 (5) (b) 1. d. and amended to read:

AB40,638,20 49.147 (5) (b) 1. d. Other activities that the Wisconsin works Works agency determines are consistent with the capabilities of the individual.

AB40, s. 1357 Section 1357. 49.147 (5) (bs) of the statutes is amended to read:

AB40,639,3 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin Works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1m. to 4. The 1. for up to 28 hours per week. Except as provided in sub. (5m), a Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection participate in education or training activities under par. (bm) for not more than 12 hours per week.

AB40, s. 1358 Section 1358. 49.148 (1) (b) 1. of the statutes is amended to read:

AB40,639,16 49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4), a monthly grant of $673 $653, paid by the Wisconsin works Works agency. For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under s. 49.147 (4) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph shall equal the amount specified under subd. 1m. minus $5.15 for each hour that the participant misses work or education or training activities without good cause.

AB40, s. 1359 Section 1359. 49.148 (1) (b) 1m. d. of the statutes is amended to read:

AB40,639,19 49.148 (1) (b) 1m. d. For a participant placed in a community service job for more than 20 hours per week, $673 $653.

AB40, s. 1360 Section 1360. 49.148 (1) (b) 3. of the statutes is amended to read:

AB40,640,2 49.148 (1) (b) 3. For a participant in a community service job who participates in technical college education under s. 49.147 (5m), a monthly grant of $673 $653, paid by the Wisconsin works Works agency. For every hour that the participant misses work or other required activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

AB40, s. 1361 Section 1361. 49.148 (1) (c) of the statutes is amended to read:

AB40,640,12 49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a grant of $628 $608, paid monthly by the Wisconsin Works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d., the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

AB40, s. 1362 Section 1362. 49.148 (1m) (c) (intro.) of the statutes is amended to read:

AB40,640,15 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:

AB40, s. 1363 Section 1363. 49.148 (4) (b) of the statutes is amended to read:

AB40,640,20 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).

AB40, s. 1364 Section 1364. 49.151 (1) (b) of the statutes is amended to read:

AB40,641,3 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.

AB40, s. 1365 Section 1365. 49.1515 (title) of the statutes is amended to read:

AB40,641,5 49.1515 (title) Determining nonparticipation without good cause.

AB40, s. 1366 Section 1366. 49.1515 (2) of the statutes is repealed.

AB40, s. 1367 Section 1367. 49.1515 (3) of the statutes is repealed.

AB40, s. 1368 Section 1368. 49.153 (1) (am) of the statutes is repealed.

AB40, s. 1369 Section 1369. 49.153 (1) (bm) of the statutes is renumbered 49.153 (1) (a) and amended to read:

AB40,641,13 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.

AB40, s. 1370 Section 1370. 49.153 (1) (c) of the statutes is amended to read:

AB40,641,19 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.

AB40, s. 1371 Section 1371. 49.153 (2) of the statutes is amended to read:

AB40,641,24 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).

AB40, s. 1372 Section 1372. 49.155 (1) (ah) of the statutes is amended to read:

AB40,642,3 49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23, the unit, as defined in s. 49.825 (1) (e), or a Wisconsin Works agency, child care resource and referral agency, or other agency.

AB40, s. 1373 Section 1373. 49.155 (1g) (ac) of the statutes is amended to read:

AB40,642,6 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.

AB40, s. 1374 Section 1374. 49.155 (1g) (c) of the statutes is amended to read:

AB40,642,9 49.155 (1g) (c) Child care licensing activities, in the amount of at least $5,763,900 $8,767,000 per fiscal year.

AB40, s. 1375 Section 1375. 49.155 (1g) (g) of the statutes is created to read:

AB40,642,12 49.155 (1g) (g) Contracts and grants to implement the child care quality rating system under s. 48.659.

AB40, s. 1376 Section 1376. 49.155 (1h) of the statutes is repealed.

AB40, s. 1377 Section 1377. 49.155 (1m) (a) 3m. of the statutes is amended to read:

AB40,642,17 49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp supplemental nutrition assistance employment and training program under s. 49.79 (9) 49.37 (9).

AB40, s. 1378 Section 1378. 49.155 (3g) (a) (intro.) of the statutes is amended to read:

AB40,642,21 49.155 (3g) (a) (intro.) The department may contract with the Milwaukee County enrollment services unit, as provided in s. 49.825 (2) (b) department of health services, to do any of the following:

AB40, s. 1379 Section 1379. 49.155 (6) (e) of the statutes is renumbered 49.155 (6) (e) 2. and amended to read:

AB40,643,3 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.

AB40, s. 1380 Section 1380. 49.155 (6) (e) 1. of the statutes is created to read:

AB40,643,7 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).

AB40, s. 1381 Section 1381. 49.155 (6) (e) 3. of the statutes is created to read:

AB40,643,11 49.155 (6) (e) 3. 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:

AB40,643,13 a. For a child care provider who receives a 1-star rating, the department may deny reimbursement.

AB40,643,15 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.

AB40,643,17 c. For a child care provider who receives a 3-star rating, the department shall pay the maximum reimbursement rate.

AB40,643,19 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.

AB40,643,21 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.

AB40, s. 1382 Section 1382. 49.155 (6) (e) 4. of the statutes is created to read:

AB40,644,2 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 providing child care services to individuals under this section.

AB40, s. 1383 Section 1383. 49.155 (6d) of the statutes is created to read: