Amendment ASA1-AB64

AB64-ASA1,868 Section 868 . 49.155 (1m) (c) 1d. a. of the statutes is created to read:

AB64-ASA1,497,19 49.155 (1m) (c) 1d. a. Notwithstanding sub. (5) (b), if the individual is already receiving a child care subsidy under this section and the gross income of the individual's family exceeds 200 percent of the poverty line for a family the size of the individual's family, the individual's copayment amount under sub. (5) increases by $1 for every $3 by which the individual's family's gross income exceeds 200 percent of the poverty line for a family the size of the individual's family.

AB64-ASA1,868b Section 868b. 49.155 (1m) (c) 1d. b. of the statutes is created to read:

AB64-ASA1,497,24 49.155 (1m) (c) 1d. b. Notwithstanding subd. 1d. a., if the gross income of an individual's family exceeds 85 percent of the state median income for a family the size of the individual's family, the individual is not eligible to receive a child care subsidy under this section.

AB64-ASA1,869 Section 869 . 49.155 (1m) (cm) of the statutes is created to read:

AB64-ASA1,498,2 49.155 (1m) (cm) The total liquid assets of the individual's family do not exceed $25,000. This paragraph does not apply if the individual is any of the following:

AB64-ASA1,498,3 1. A foster parent of the child.

AB64-ASA1,498,4 2. A subsidized guardian or interim caretaker of the child under s. 48.623.

AB64-ASA1,498,6 3. A relative of the child who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.

AB64-ASA1,870 Section 870 . 49.155 (2) of the statutes is created to read:

AB64-ASA1,498,12 49.155 (2) Eligibility based on the child's age. Notwithstanding sub. (1m) (intro.) and (a) (intro.), an individual does not lose eligibility for a child care subsidy for a child who attains the age of 13 or, if the child is disabled, attains the age of 19 until the department or the county department or agency redetermines the individual's eligibility.

AB64-ASA1,871 Section 871 . 49.155 (4) (a) of the statutes is amended to read:

AB64-ASA1,498,18 49.155 (4) (a) An eligible individual shall choose whether the child care will be provided by a child care center licensed under s. 48.65, a Level I certified family child care provider certified under s. 48.651 (1) (a), a Level II certified family child care provider certified under s. 48.651 (1) (b), or a child care program provided or contracted for by a school board under s. 120.13 (14).

AB64-ASA1,872 Section 872 . 49.155 (6) (b) of the statutes is amended to read:

AB64-ASA1,498,23 49.155 (6) (b) The department shall set maximum payment rates for Level I certified family child care providers certified under s. 48.651 (1) (a) for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 75 percent of the rates established under par. (a).

AB64-ASA1,873 Section 873 . 49.155 (6) (d) of the statutes is amended to read:

AB64-ASA1,499,5 49.155 (6) (d) The department may promulgate rules to establish a system of rates or a program of grants 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).

AB64-ASA1,874 Section 874 . 49.155 (6g) (a) 5. of the statutes is created to read:

AB64-ASA1,499,11 49.155 (6g) (a) 5. The department shall take into consideration child learning and development and shall promote continuity of care when authorizing hours of child care. The department is not required to limit authorized hours based on the individual's schedule of activities under sub. (1m) (a) or the number of hours the individual spends in those activities.

AB64-ASA1,875 Section 875 . 49.155 (6g) (b) 4. of the statutes is created to read:

AB64-ASA1,499,14 49.155 (6g) (b) 4. Any reduction in hours due to a temporary break from an authorized activity.

AB64-ASA1,876 Section 876 . 49.155 (7) (a) 1. of the statutes is amended to read:

AB64-ASA1,499,25 49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday or if the department provides written notice under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible for certification, employment, or residence at the child care provider, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to 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.

AB64-ASA1,877 Section 877. 49.155 (7) (a) 2. of the statutes is amended to read:

AB64-ASA1,500,12 49.155 (7) (a) 2. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.

AB64-ASA1,878 Section 878 . 49.155 (7) (b) (intro.) of the statutes is amended to read:

AB64-ASA1,500,18 49.155 (7) (b) (intro.) The department or the county department under s. 46.215, 46.22, or 46.23 may refuse to 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 48.686 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider:

AB64-ASA1,879 Section 879 . 49.155 (7) (b) 1. of the statutes is amended to read:

AB64-ASA1,501,2 49.155 (7) (b) 1. The person has been convicted of or adjudicated delinquent on or after his or her 12th 10th birthday for committing an offense that is not a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., but the department, county department, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 48.686 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.

AB64-ASA1,880 Section 880 . 49.155 (7) (b) 2. of the statutes is amended to read:

AB64-ASA1,501,8 49.155 (7) (b) 2. The person is a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), and is the subject of a pending criminal charge that the department, county department, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.

AB64-ASA1,881 Section 881 . 49.162 (1) (bg) of the statutes is created to read:

AB64-ASA1,501,12 49.162 (1) (bg) “Controlled substance abuse screening” means a questionnaire, a criminal background check, or any other controlled substance abuse screening mechanism identified by the department by rule.

AB64-ASA1,882 Section 882 . 49.162 (1) (bm) of the statutes is created to read:

AB64-ASA1,501,14 49.162 (1) (bm) “Dependent child” has the meaning given in s. 49.141 (1) (c).

AB64-ASA1,883 Section 883 . 49.162 (1) (br) of the statutes is created to read:

AB64-ASA1,501,18 49.162 (1) (br) “Group member” means an adult member of an individual's Wisconsin Works group whose income or assets are included in determining the individual's eligibility for a program.

AB64-ASA1,884 Section 884 . 49.162 (1) (c) 4. of the statutes is created to read:

AB64-ASA1,501,20 49.162 (1) (c) 4. A Wisconsin Works employment position.

AB64-ASA1,885 Section 885 . 49.162 (1) (e) of the statutes is created to read:

AB64-ASA1,501,22 49.162 (1) (e) “Wisconsin Works" has the meaning given in s. 49.141 (1) (p).

AB64-ASA1,886 Section 886 . 49.162 (1) (f) of the statutes is created to read:

AB64-ASA1,501,25 49.162 (1) (f) “Wisconsin Works employment position" has the meaning given in s. 49.141 (1) (r).

AB64-ASA1,887 Section 887. 49.162 (1) (g) of the statutes is created to read:

AB64-ASA1,502,3 49.162 (1) (g) “Wisconsin Works group” has the meaning given in s. 49.141 (1) (s).

AB64-ASA1,888 Section 888 . 49.162 (2) of the statutes is renumbered 49.162 (2) (a) and amended to read:

AB64-ASA1,502,18 49.162 (2) (a) Beginning on the effective date of the rules promulgated under sub. (7), or on the effective date of the emergency rules promulgated under 2015 Wisconsin Act 55, section 9106 (2c), whichever is earlier, Except as provided in sub. (2m), in order to participate in a program, an individual who applies to participate in a program or who registers for a program under sub. (1) (c) 3. , and, with respect to an individual applying for a program under sub. (1) (c) 4., all of the individual's group members shall complete a controlled substance abuse screening questionnaire. If, on the basis of answers to the questionnaire the screening results, the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for a program or any of the individual's group members is abusing a controlled substance, the administering agency shall require the individual or group member to undergo a test for the use of a controlled substance. If

AB64-ASA1,502,22 (b) Except as provided in sub. (4m), if the individual or group member refuses to submit to a test under par. (a), the individual is not eligible to participate in a program until the individual or group member complies with the requirement to undergo a test for the use of a controlled substance.

AB64-ASA1,889 Section 889 . 49.162 (2m) of the statutes is created to read:

AB64-ASA1,502,25 49.162 (2m) (a) The screening and testing requirements under sub. (2) do not apply to an individual if the individual is any of the following:

AB64-ASA1,503,1 1. A custodial parent of a child who is 8 weeks old or less.

AB64-ASA1,503,3 2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

AB64-ASA1,503,6 3. A participant in a Wisconsin Works employment position who moves to an unsubsidized employment position and receives case management services under s. 49.1475.

AB64-ASA1,503,7 4. A dependent child.

AB64-ASA1,503,9 (b) The screening and testing requirements under sub. (2) do not apply to a group member if the group member is any of the following:

AB64-ASA1,503,10 1. A custodial parent of a child who is 8 weeks old or less.

AB64-ASA1,503,12 2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

AB64-ASA1,503,14 3. Specified as exempt from the screening and testing requirements by department rule.

AB64-ASA1,890 Section 890 . 49.162 (3) of the statutes is amended to read:

AB64-ASA1,503,22 49.162 (3) If an individual or group member who undergoes a test under sub. (2) tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual or group member possesses a valid prescription for each controlled substance for which the individual or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

AB64-ASA1,891 Section 891 . 49.162 (4) (a) of the statutes is amended to read:

AB64-ASA1,504,6 49.162 (4) (a) If an individual or group member who undergoes a test under sub. (2) tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), the administering agency shall require the individual or group member to participate in substance abuse treatment to remain eligible to participate in a program. If the individual or group member refuses to participate in substance abuse treatment, the individual is not eligible to participate in a program until the individual or group member complies with the requirement to participate in substance abuse treatment.

AB64-ASA1,892 Section 892 . 49.162 (4) (b) of the statutes is amended to read:

AB64-ASA1,504,25 49.162 (4) (b) During the time that an individual or group member is receiving substance abuse treatment under par. (a), the administering agency shall require the individual or group member to undergo random testing for the use of a controlled substance. For Except as provided in sub. (4m), for the individual to remain eligible for a program, the individual or his or her group member must cooperate with the testing and the results of the tests must be negative or, if any results are positive, the individual or group member must present evidence of a valid prescription as described in sub. (3). If the results of any test during treatment are positive for the use of a controlled substance and the individual or group member does not present evidence of a valid prescription for the controlled substance, the individual or group member shall have the opportunity to begin the treatment again one time, as determined by the administering agency. If Except as provided in sub. (4m), if the individual or group member begins the substance abuse treatment again, he or she shall remain the individual remains eligible for a program as long as the results of all tests for the use of a controlled substance during the subsequent treatment are negative for the use of a controlled substance or, if any results are positive, the individual or group member presents evidence of a valid prescription for the controlled substance.

AB64-ASA1,893 Section 893. 49.162 (4) (c) of the statutes is amended to read:

AB64-ASA1,505,7 49.162 (4) (c) If an individual or group member receiving treatment under par. (b) completes treatment and, at the conclusion of the treatment, tests negative for the use of a controlled substance or presents evidence of a valid prescription for any controlled substance for which the individual or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

AB64-ASA1,894 Section 894 . 49.162 (4m) of the statutes is created to read:

AB64-ASA1,505,17 49.162 (4m) (a) If an individual applying for a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) or his or her group member undergoes a test under sub. (2), tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), and refuses to participate in substance abuse treatment under sub. (4) (a) or if the individual or his or her group member fails to cooperate with the testing or treatment requirements under sub. (4) (b), the individual remains eligible only for the monthly grant portion of the community service job or transitional placement under s. 49.148 (1) (b) or (c) and only to the extent described in par. (b).

AB64-ASA1,505,22 (b) 1. In determining the monthly grant for which an individual is eligible under par. (a), the department shall reduce the amount that would otherwise have been established under s. 49.148 (1) (b) or (c) by an amount that reflects the fact that the monthly grant is to be used exclusively for the benefit of the dependent children in the individual's Wisconsin Works group and not for the benefit of the individual.

AB64-ASA1,506,2 2. If an individual is eligible for a monthly grant under the circumstances described in par. (a), the department shall pay the monthly grant through a protective payee structure, under which the monthly grant is paid to a protective payee who is not the individual and who holds the money and uses it exclusively for the benefit of the dependent children in the individual's Wisconsin Works group.

AB64-ASA1,506,4 3. An individual's partial eligibility under par. (a) ends on the earlier of the following dates:

AB64-ASA1,506,6 a. The date on which the individual again becomes eligible for full participation in a Wisconsin Works employment position.

AB64-ASA1,506,9 b. Twelve months after the date on which the individual or his or her group member meets the circumstances described under par. (a), as determined by the department.

AB64-ASA1,895 Section 895 . 49.162 (7) of the statutes is amended to read:

AB64-ASA1,506,13 49.162 (7) The department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements under this section and the monthly grant eligibility and protective payee structure under sub. (4m).

AB64-ASA1,895g Section 895g. 49.1635 (4) of the statutes is amended to read:

AB64-ASA1,506,16 49.1635 (4) Not more than 10 percent of the total funds received by the Wisconsin Trust Account Foundation under sub. (1) may be used for administration.

AB64-ASA1,895m Section 895m. 49.1635 (5) of the statutes is created to read:

AB64-ASA1,506,22 49.1635 (5) (a) From the allocation under s. 49.175 (1) (j), the department shall make a grant of $500,000 in each fiscal year to Wisconsin Trust Account Foundation, Inc., for distribution of annual awards of not more than $75,000 per year per program to programs that provide legal services to persons who are eligible under par. (b) 2. if all of the following apply:

AB64-ASA1,507,2 1. Wisconsin Trust Account Foundation, Inc., submits a plan to the department detailing the proposed use of the grant; the proposed use of the grant conforms to the requirements under par. (b); and the secretary of the department, or his or her designee, approves the plan.

AB64-ASA1,507,6 2. Wisconsin Trust Account Foundation, Inc., enters into an agreement with the department that specifies the conditions for the use of the grant proceeds, and the conditions conform to the requirements under par. (b) and include training, reporting, and auditing requirements.

AB64-ASA1,507,8 3. Wisconsin Trust Account Foundation, Inc., agrees in writing to submit to the department the reports required under par. (c) by the times required under par. (c).

AB64-ASA1,507,11 (b) 1. Subject to subd. 3., the grant may be used only to provide legal services in civil matters related to domestic abuse, sexual abuse, or restraining orders or injunctions for individuals at risk under s. 813.123.

AB64-ASA1,507,20 2. The recipients of the legal services under a grant under this subsection shall be individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose gross incomes are at or below 200 percent of the poverty line. For purposes of this subdivision, gross income shall be determined in the same way as gross income is determined for purposes of eligibility for a Wisconsin Works employment position, as defined in s. 49.141 (1) (r), including the exclusion of any payments or benefits made under any federal law that exempts those payments or benefits from consideration in determining eligibility for any federal means-tested program.

AB64-ASA1,507,23 3. The legal services provided by a grant under this subsection shall be provided only in matters for which federal temporary assistance for needy families block grant funds under 42 USC 601 et seq. may be used.

AB64-ASA1,507,25 4. The grant proceeds may not be used for legal services for litigation against the state.

AB64-ASA1,508,9 (c) For each fiscal year in which the department makes a grant under this subsection, Wisconsin Trust Account Foundation, Inc., shall submit to the department, within 3 months after spending the full amount of that grant, a report detailing how the grant proceeds were used. The department may not make a grant in a subsequent fiscal year unless Wisconsin Trust Account Foundation, Inc., submits the report under this paragraph within the time required and the department determines that the grant proceeds were used in accordance with the approved plan under par. (a) 1., the agreement under par. (a) 2., and the requirements under par. (b).

AB64-ASA1,896 Section 896 . 49.175 (1) (a) of the statutes is amended to read:

AB64-ASA1,508,13 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $83,000,000 $42,500,000 in fiscal year 2015-16 2017-18 and $83,000,000 $44,625,000 in fiscal year 2016-17 2018-19.