Amendment ASA1-AB40

AB40-ASA1,939 Section 939. 48.685 (8) of the statutes is amended to read:

AB40-ASA1,549,20 48.685 (8) The department, the department of health services, a county department, an agency contracted with under s. 48.651 (2), a child welfare agency, or a school board may charge a fee for obtaining the information required under sub. (2) (am), or (ar), or (3) (a) or (am) or, for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b), or for obtaining and submitting fingerprints under sub. (2) (bm) or (br). The fee may not exceed the reasonable cost of obtaining the information or of obtaining and submitting fingerprints. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d), for obtaining or maintaining information or for obtaining and submitting fingerprints if to do so would be inconsistent with federal law.

AB40-ASA1,939w Section 939w. 48.78 (2) (b) of the statutes is amended to read:

AB40-ASA1,550,15 48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under s. 146.82. A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.

AB40-ASA1,940 Section 940. 48.78 (2) (k) of the statutes is created to read:

AB40-ASA1,550,25 48.78 (2) (k) Paragraph (a) does not prohibit the department of children and families from providing to the department of revenue, upon request, information concerning a recipient of payments under s. 48.57 (3m) or (3n) or aid under s. 48.645, including information contained in the electronic records of the department of children and families, solely for the purposes of administering state taxes, including verifying a claim for a state tax refund or a refundable state tax credit, and collecting debts owed to the department of revenue. Any information obtained by the department of revenue under this paragraph is subject to the confidentiality provisions specified in s. 71.78.

AB40-ASA1,941 Section 941. 48.975 (3) (a) 1. of the statutes is amended to read:

AB40-ASA1,551,9 48.975 (3) (a) 1. Except as provided in subd. 3., for support of a child who was in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance shall be equivalent to based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the amount of that the child's foster care or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB40-ASA1,942 Section 942. 48.975 (3) (a) 2. of the statutes is amended to read:

AB40-ASA1,551,18 48.975 (3) (a) 2. Except as provided in subd. 3., for support of a child not in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance shall be equivalent to based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the uniform foster care rate applicable to the child that is in effect at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.

AB40-ASA1,944 Section 944. 48.977 (3r) of the statutes is amended to read:

AB40-ASA1,552,11 48.977 (3r) Subsidized guardianship. Subsidized guardianship payments under s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If a child's permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under sub. (4) (a) shall include in the petition under sub. (4) (b) a statement of the determinations made under s. 48.623 (1) and a request for the court to include in the court's findings under sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under sub. (2), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in sub. (2) (a), the county department or, in a county having a population of 750,000 or more, as provided in s. 48.623 (3) (a), the department shall provide monthly subsidized guardianship payments to the guardian under s. 48.623 (1).

AB40-ASA1,945 Section 945. 48.981 (3) (c) 5m. of the statutes is amended to read:

AB40-ASA1,553,8 48.981 (3) (c) 5m. If the The county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines may include in a determination under subd. 4. a determination that a specific person has abused or neglected a child,. If the county department, department, or licensed child welfare agency, within 15 makes an initial determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall provide that person with an opportunity for a review of that initial determination in accordance with rules promulgated by the department before the county department, department, or licensed child welfare agency may make a final determination that the person has abused or neglected a child. Within 5 days after the date of the a final determination , that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall notify the person in writing of the determination, the person's right to appeal a contested case hearing on the determination under ch. 227, and the procedure procedures under sub. 5p. by which the person may appeal the determination, and the person may appeal the determination in accordance with the procedures established by the department under this subdivision. The department shall promulgate rules establishing procedures for conducting an appeal under this subdivision. Those procedures shall include a procedure permitting an appeal receive that hearing.

AB40-ASA1,553,24 5p. A person who is the subject of a final determination under subd. 5m. that the person has abused or neglected a child has the right to a contested case hearing on that determination under ch. 227. To receive that hearing, the person must send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the notice under subd. 5m. of the determination. The department shall commence the hearing within 90 days after receipt of the request for the hearing, unless the hearing is rescheduled on the request of the person requesting the hearing or the contested case proceeding is held in abeyance as provided in this subdivision, and shall issue a final decision within 60 days after the close of the hearing. Judicial review of the final administrative decision following the hearing may be had by any party to the contested case proceeding as provided in ch. 227. The person presiding over a contested case proceeding under this subdivision to be held may hold the hearing in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect.

AB40-ASA1,945c Section 945c. 48.981 (3) (c) 5r. of the statutes is amended to read:

AB40-ASA1,554,11 48.981 (3) (c) 5r. If Within 15 days after a final determination is made under subd. 5m. that a specific person has abused or neglected a child or, if a contested case hearing is held on such a determination, within 15 days after a final decision is made under subd. 5p. determining that a specific person has abused or neglected a child, the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines under subd. 4. that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency, within 15 days after the date of the determination, shall provide the subunit of the department that administers s. 48.685 with information about the person who has been determined to have abused or neglected the child.

AB40-ASA1,945w Section 945w. 48.981 (7) (a) 3. of the statutes is amended to read:

AB40-ASA1,554,14 48.981 (7) (a) 3. An attending physician A health care provider, as defined in s. 146.81 (1) (a) to (p), for purposes of diagnosis and treatment.

AB40-ASA1,946 Section 946. 48.982 (4) (b) (intro.) of the statutes is renumbered 48.982 (4) (b) and amended to read:

AB40-ASA1,554,19 48.982 (4) (b) A grant may be awarded only to an organization that agrees to match the grant at least 25 percent of the amount received, through money or in-kind services, as follows:.

AB40-ASA1,947 Section 947. 48.982 (4) (b) 1. of the statutes is repealed.

AB40-ASA1,948 Section 948. 48.982 (4) (b) 2. of the statutes is repealed.

AB40-ASA1,951 Section 951. 49.131 (2) of the statutes is amended to read:

AB40-ASA1,555,3 49.131 (2) If the necessary authorization under sub. (1) is granted, and except as provided in sub. (3) Subject to receiving any necessary approval from the appropriate federal agency under sub. (1), and subject to sub. (3m), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.

AB40-ASA1,952 Section 952. 49.131 (3) of the statutes is repealed.

AB40-ASA1,952m Section 952m. 49.131 (3m) of the statutes is created to read:

AB40-ASA1,555,19 49.131 (3m) Prior to implementing, and receiving funding for implementing, any program to deliver by electronic means Wisconsin Works benefits or child care subsidies under s. 49.155, the department shall submit a plan for implementation to the joint committee on finance. Any plan submitted by the department shall include specific information on the vendor selected, the total start-up and ongoing costs, and how issues of fraud and program integrity will be addressed. If the department submits a plan and the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the department shall receive the necessary funding. If, within 14 working days after the date that the department submits a plan, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented, and funding received, only upon approval of the committee.

AB40-ASA1,953 Section 953. 49.137 (4) (a) of the statutes is amended to read:

AB40-ASA1,555,23 49.137 (4) (a) Developing and recommending to the department a system of higher reimbursement payment rates or a program of grants for child care providers that meet the quality of care standards established under s. 49.132 (4) (e), 1995 stats.

AB40-ASA1,954 Section 954. 49.141 (1) (n) of the statutes is amended to read:

AB40-ASA1,556,2 49.141 (1) (n) "Trial employment match program job" means a work component of Wisconsin works Works administered under s. 49.147 (3).

AB40-ASA1,955 Section 955. 49.143 (2) (a) 2. of the statutes is amended to read:

AB40-ASA1,556,6 49.143 (2) (a) 2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial employment match program jobs or community service jobs.

AB40-ASA1,956 Section 956. 49.143 (2) (a) 3. of the statutes is amended to read:

AB40-ASA1,556,10 49.143 (2) (a) 3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial employment match program jobs or community service jobs.

AB40-ASA1,957 Section 957. 49.143 (2) (a) 4. of the statutes is amended to read:

AB40-ASA1,556,14 49.143 (2) (a) 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial employment match program jobs or community service jobs.

AB40-ASA1,958 Section 958. 49.143 (2) (a) 5. of the statutes is amended to read:

AB40-ASA1,556,17 49.143 (2) (a) 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial employment match program jobs or community service jobs.

AB40-ASA1,959 Section 959. 49.143 (2) (a) 6. of the statutes is amended to read:

AB40-ASA1,556,23 49.143 (2) (a) 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial employment match program jobs or community service jobs.

AB40-ASA1,960 Section 960. 49.143 (2) (ct) of the statutes is repealed.

AB40-ASA1,961 Section 961. 49.143 (2r) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-ASA1,557,6 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 employment match program under s. 49.147 (3).

AB40-ASA1,962 Section 962. 49.147 (1) of the statutes is amended to read:

AB40-ASA1,557,11 49.147 (1) Definition. In this section, "unsubsidized employment" means employment, including self-employment and entrepreneurial activities, for which the Wisconsin Works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities receives no wage subsidy.

AB40-ASA1,963 Section 963. 49.147 (1m) (b) of the statutes is amended to read:

AB40-ASA1,557,19 49.147 (1m) (b) If the Wisconsin Works agency determines that the appropriate placement for an individual is in unsubsidized employment or a trial employment match program job and that the individual needs and wishes to pursue basic education, including a course of study meeting the standards established under s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, the Wisconsin Works agency shall pay for the basic education services identified in the employability plan developed for the individual.

AB40-ASA1,964 Section 964. 49.147 (2) (am) 2. of the statutes is amended to read:

AB40-ASA1,558,2 49.147 (2) (am) 2. A Wisconsin Works agency shall, every 30 days, review the provision of case management services to an individual under this paragraph, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual should be placed in a trial employment match program job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process under this subdivision.

AB40-ASA1,965 Section 965. 49.147 (3) (title) of the statutes is amended to read:

AB40-ASA1,558,4 49.147 (3) (title) Trial jobs employment match program.

AB40-ASA1,966 Section 966. 49.147 (3) (a) of the statutes is amended to read:

AB40-ASA1,558,13 49.147 (3) (a) Administration. A Wisconsin Works agency shall administer a trial job employment match program as part of its administration of the Wisconsin Works program to improve the employability of individuals who are not otherwise are not able to obtain unsubsidized employment, as determined by the Wisconsin Works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin Works agency shall give priority to placement under this subsection over placements under subs. (4) and (5).

AB40-ASA1,559,5 (ac) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and that agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours that would be required for full-time employment in that month. a wage subsidy in an amount that is negotiated between the Wisconsin Works agency and the employer but that is not less than the state or federal minimum wage that applies to the participant. The wage subsidy shall be paid for each hour that the participant actually works, up to a maximum of 40 hours per week. In addition to paying the wage subsidy, the Wisconsin Works agency may, as negotiated between the Wisconsin Works agency and the employer, reimburse the employer for all or a portion of other costs that are attributable to the employment of the participant, including any of the following:

AB40-ASA1,967 Section 967. 49.147 (3) (ac) 1. of the statutes is created to read:

AB40-ASA1,559,7 49.147 (3) (ac) 1. Federal social security and Medicare taxes.

AB40-ASA1,968 Section 968. 49.147 (3) (ac) 2. of the statutes is created to read:

AB40-ASA1,559,9 49.147 (3) (ac) 2. State and federal unemployment contributions or taxes.

AB40-ASA1,969 Section 969. 49.147 (3) (ac) 3. of the statutes is created to read:

AB40-ASA1,559,11 49.147 (3) (ac) 3. Worker's compensation insurance premiums.

AB40-ASA1,970 Section 970. 49.147 (3) (am) of the statutes is amended to read:

AB40-ASA1,559,16 49.147 (3) (am) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment match program employment.

AB40-ASA1,971 Section 971. 49.147 (3) (c) of the statutes is amended to read:

AB40-ASA1,560,4 49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial employment match program job for a maximum of 3 6 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 employment match program 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-ASA1,972 Section 972. 49.147 (3) (d) of the statutes is created to read:

AB40-ASA1,560,15 49.147 (3) (d) Employer effort to retain, refer, or evaluate participant. An employer that employs a participant under this subsection and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends, although nothing in this subsection requires an employer to retain a participant as a permanent unsubsidized employee after the wage subsidy ends. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency a written performance evaluation of the participant, including recommendations for improvements.

AB40-ASA1,973 Section 973. 49.147 (3) (e) of the statutes is created to read:

AB40-ASA1,560,21 49.147 (3) (e) Noncustodial parents. Notwithstanding s. 49.145 (1) and (2) (a), an individual who would be eligible for a job under this subsection except that the individual is a noncustodial parent of a dependent child is eligible for placement under this subsection, subject to s. 49.159 (1) (b) 2., if the individual is eligible for services and benefits under s. 49.159 (1) (a).

AB40-ASA1,974 Section 974. 49.147 (3m) of the statutes is repealed.

AB40-ASA1,975 Section 975. 49.147 (4) (a) of the statutes is amended to read:

AB40-ASA1,561,12 49.147 (4) (a) Administration. A Wisconsin works Works agency shall administer a community service job program as part of its administration of Wisconsin works Works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin works Works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial employment match program job. In determining an appropriate placement for a participant, a Wisconsin works Works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. After each 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works Works agency shall reassess the individual's employability.

AB40-ASA1,976 Section 976. 49.147 (4) (b) of the statutes is amended to read:

AB40-ASA1,562,3 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 employment match program job opportunities are available in the specified local labor market.

AB40-ASA1,977 Section 977. 49.147 (4m) of the statutes is repealed.

AB40-ASA1,978 Section 978. 49.147 (5) (a) 3. of the statutes is amended to read:

AB40-ASA1,562,8 49.147 (5) (a) 3. The Wisconsin works Works agency determines that the individual is incapable of performing a trial employment match program job or community service job.

AB40-ASA1,979 Section 979. 49.147 (6) (b) 2. of the statutes is repealed.

AB40-ASA1,980 Section 980. 49.147 (6) (c) of the statutes is amended to read:

AB40-ASA1,562,15 49.147 (6) (c) Distribution Funding and administration. From the appropriation appropriations under s. 20.437 (2) (jL) and (md), the department shall distribute allocate funds for job access loans to a Wisconsin Works agency agencies, which shall administer the loans in accordance with rules promulgated by the department.

AB40-ASA1,981 Section 981. 49.147 (6) (e) of the statutes is created to read:

AB40-ASA1,562,20 49.147 (6) (e) Noncustodial parents. Notwithstanding s. 49.145 (1) and (2) (a), an individual who would be eligible for a job access loan under par. (a) except that the individual is a noncustodial parent of a dependent child is eligible to receive a job access loan under this subsection.

AB40-ASA1,982 Section 982. 49.148 (1) (a) of the statutes is amended to read:

AB40-ASA1,563,4 49.148 (1) (a) Trial employment match program jobs. For a participant in a trial employment match program job, the amount established in the contract between the Wisconsin works Works agency and the trial employment match program job employer, but not less than minimum wage for every hour actually worked in the trial employment match program job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. 49.147 (3) (am) shall be included in determining the number of hours actually worked.

AB40-ASA1,983 Section 983. 49.148 (1) (b) 1. of the statutes is amended to read:

AB40-ASA1,563,17 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 $653 , paid by the Wisconsin 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. 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), the grant amount under this paragraph shall equal the amount specified under subd. 1m. minus $5 for each hour that the participant misses work or education or training activities without good cause.

AB40-ASA1,984 Section 984. 49.148 (1) (b) 1m. (intro.) of the statutes is amended to read:

AB40-ASA1,563,21 49.148 (1) (b) 1m. (intro.) Except as provided in subd. 1., the Wisconsin works agency department or an entity contracting with the department shall pay a participant in a community service job the following: