2013 Wisconsin Act 20

49.155 (6) (b) Subject to review and approval by the The department, each county shall set a maximum reimbursement rate payment rates for Level I certified family child care providers for services provided to eligible individuals under this section. The maximum rate rates set under this paragraph may not exceed 75% of the rate rates established under par. (a).

20,997 Section 997. 49.155 (6) (c) of the statutes is amended to read:

49.155 (6) (c) Subject to review and approval by the The department, each county shall set a maximum reimbursement rate payment rates for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rate rates set under this paragraph may not exceed 50% of the rate rates established under par. (a).

20,998 Section 998. 49.155 (6) (cm) of the statutes is amended to read:

49.155 (6) (cm) The department shall modify child care provider reimbursement payment rates established under pars. (a) to (c) so that reimbursement payment rates are lower for providers of after-school child care.

20,999 Section 999. 49.155 (6) (d) of the statutes is amended to read:

49.155 (6) (d) The department may promulgate rules to establish a system of rates or a program of grants that the department will pay to for child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).

20,1000 Section 1000. 49.155 (6) (e) 2. of the statutes is amended to read:

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

20,1001 Section 1001. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

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

20,1002 Section 1002. 49.155 (6) (e) 3. a. of the statutes is amended to read:

49.155 (6) (e) 3. a. For a child care provider who receives a 1-star rating, the department shall deny reimbursement payment.

20,1003 Section 1003. 49.155 (6) (e) 3. b. of the statutes is amended to read:

49.155 (6) (e) 3. b. For a child care provider who receives a 2-star rating, the department may reduce the maximum reimbursement payment rate by up to 5 percent.

20,1004 Section 1004. 49.155 (6) (e) 3. c. of the statutes is amended to read:

49.155 (6) (e) 3. c. For a child care provider who receives a 3-star rating, the department may pay up to the maximum reimbursement payment rate.

20,1005 Section 1005. 49.155 (6) (e) 3. d. of the statutes is amended to read:

49.155 (6) (e) 3. d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement payment rate by up to 5 percent.

20,1006 Section 1006 . 49.155 (6) (e) 3. d. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

49.155 (6) (e) 3. d. For a child care provider who receives a 4-star rating, the department may increase the maximum payment rate by up to 5 10 percent.

20,1007 Section 1007. 49.155 (6) (e) 3. e. of the statutes is amended to read:

49.155 (6) (e) 3. 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 payment rate for such a child care provider by up to 25 percent.

20,1008 Section 1008. 49.155 (6) (e) 5. of the statutes is amended to read:

49.155 (6) (e) 5. For purposes of modifying reimbursement payment 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.

20,1009 Section 1009. 49.155 (6d) (a) 2. of the statutes is amended to read:

49.155 (6d) (a) 2. Notwithstanding Subject to sub. (5) (b), increase the copayment amount that an individual must pay toward the cost of child care received under this section.

20,1010 Section 1010. 49.155 (6d) (a) 3. of the statutes is amended to read:

49.155 (6d) (a) 3. Notwithstanding sub. (6), adjust the amount of reimbursement paid payment to child care providers providing child care services under this section.

20,1011 Section 1011. 49.155 (6g) (am) (intro.) of the statutes is amended to read:

49.155 (6g) (am) (intro.) If reimbursement payment to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:

20,1012 Section 1012. 49.155 (7) (title) of the statutes is amended to read:

49.155 (7) (title) Refusal to pay of payment to child care providers.

20,1013 Section 1013. 49.155 (7) (a) 1. of the statutes is amended to read:

49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to pay allow payment to the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.

20,1014 Section 1014. 49.155 (7) (b) (intro.) of the statutes is amended to read:

49.155 (7) (b) (intro.) The department or the county department under s. 46.215, 46.22, or 46.23 may refuse to pay allow payment to a child care provider for child care provided under this section if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider:

20,1015 Section 1015. 49.159 (1) of the statutes is renumbered 49.159 (1) (a) (intro.) and amended to read:

49.159 (1) (a) (intro.) An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child, is eligible for services and benefits under this subsection if the dependent child's custodial parent is a participant and par. (b) if the individual is subject to a child support order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment. and any of the following applies to the custodial parent of the dependent child:

20,1016 Section 1016. 49.159 (1) (a) 1. of the statutes is created to read:

49.159 (1) (a) 1. The custodial parent is receiving case management services under s. 49.147 (2) (am).

20,1017 Section 1017. 49.159 (1) (a) 2. of the statutes is created to read:

49.159 (1) (a) 2. The custodial parent is participating in a Wisconsin Works employment position.

20,1018 Section 1018. 49.159 (1) (a) 3. of the statutes is created to read:

49.159 (1) (a) 3. The custodial parent is receiving a grant under s. 49.148 (1m).

20,1019 Section 1019. 49.159 (1) (a) 4. of the statutes is created to read:

49.159 (1) (a) 4. The custodial parent is receiving a subsidy for child care for the dependent child under s. 49.155.

20,1020 Section 1020. 49.159 (1) (b) of the statutes is created to read:

49.159 (1) (b) A Wisconsin Works agency may provide to an individual who is eligible under par. (a) any of the following services or benefits:

1. Job search assistance and case management designed to enable the individual to obtain and retain employment.

2. Placement in one job under s. 49.147 (3).

3. A stipend in an amount determined by the Wisconsin Works agency for not more than 4 months. A stipend under this subdivision terminates if the individual is placed in a job under s. 49.147 (3) or obtains unsubsidized employment, as defined in s. 49.147 (1).

20,1021 Section 1021. 49.161 (1) (title) of the statutes is amended to read:

49.161 (1) (title) Trial employment match program jobs overpayments.

20,1022 Section 1022. 49.163 of the statutes is created to read:

49.163 Transform Milwaukee Jobs program. (1) Definitions. In this section:

(a) "Wisconsin Works" has the meaning given in s. 49.141 (1) (p).

(b) "Wisconsin Works employment position" has the meaning given in s. 49.141 (1) (r).

(2) Eligibility for program. (a) The department shall establish a Transform Milwaukee Jobs program in Milwaukee County. To be eligible to participate in the program, an individual must satisfy all of the following criteria:

1. Be at least 18 years of age.

2. If over 24 years of age, be a biological or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

3. Have an annual household income that is below 150 percent of the poverty line.

4. Be unemployed for at least 4 weeks.

5. Be ineligible to receive unemployment insurance benefits.

6. Not be participating in a Wisconsin Works employment position.

(b) For purposes of par. (a) 3., the household income of an individual transitioning from foster care to independent living shall be based on the individual's own income over a period determined by the department and shall not include the household income of the individual's foster parents.

(c) The department may establish additional eligibility criteria consistent with its mission and the funding available.

(3) Program description. (a) The program under this section shall include all of the following features and requirements:

1. An individual may participate in the program for a maximum of 1,040 hours actually worked.

2. The department shall determine and specify in a contract whether a contractor under sub. (4) or an employer is the individual's employer of record. The employer of record shall pay the individual for hours actually worked at not less than the federal or state minimum wage that applies to the individual.

3. The department may reimburse an employer, or a contractor under sub. (4), that employs an individual participating in the program for a minimum of 20 hours per week at a location in this state for any of the following costs that are attributable to the employment of the individual under the program:

a. A wage subsidy equal to the amount of wages that the employer or contractor pays to the individual for hours actually worked, not to exceed 40 hours per week at the federal or state minimum wage that applies to the individual.

b. Federal social security and Medicare taxes.

c. State and federal unemployment contributions or taxes, if any.

d. Worker's compensation insurance premiums, if any.

4. An employer, or, subject to the approval of the department, a contractor under sub. (4), that employs an individual participating in the program may pay the individual an amount that exceeds any wage subsidy paid to the employer or contractor by the department under subd. 3. a.

5. The employment of an individual under this section may not do any of the following:

a. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under this section.

b. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.

c. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.

(b) The department may set priorities for the program consistent with its mission and available funding.

(4) Contract for administration. The department may contract with any person to administer the program under this section, including a Wisconsin Works agency; county department under s. 46.215, 46.22, or 46.23; local workforce development board established under 29 USC 2832; or community action agency under s. 49.265. The department, or the agency or agencies with which the department contracts under this subsection, shall do all of the following:

(a) Determine the eligibility of applicants for the program.

(b) Provide, or identify employers to provide, jobs for individuals transitioning to unsubsidized employment from unemployment, underemployment, limited work history, foster care, or other circumstances identified by the department.

(c) Conduct job orientation activities.

(d) Provide employment services, as specified by the department, for program participants.

(e) Maintain and update participant demographic, eligibility, and employment records in the manner required by the department.

(5) Recovery of overpayments. (a) The department may recover from any individual participating, or who has participated, in the program under this section any overpayment resulting from a misrepresentation by the individual as to any criterion for eligibility under sub. (2) (a).

(b) The department shall recover from a contractor under sub. (4) any overpayment resulting from the failure of the contractor to comply with the terms of the contract or to meet performance standards established by the department.