Wisconsin Legislature: 16,1657r

16,1656uj Section 1656uj. 49.129 (4) (intro.) of the statutes is renumbered 49.797 (4) (intro.) and amended to read:

49.797 (4) Duties; implementation. (intro.) In implementing administering a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:

16,1656uk Section 1656uk. 49.129 (4) (a) of the statutes is renumbered 49.797 (4) (a).

16,1656uL Section 1656uL. 49.129 (4) (b) of the statutes is renumbered 49.797 (4) (b).

16,1656um Section 1656um. 49.129 (4) (c) of the statutes is renumbered 49.797 (4) (c).

16,1656un Section 1656un. 49.129 (4) (d) of the statutes is renumbered 49.797 (4) (d).

16,1656up Section 1656up. 49.129 (5) of the statutes is renumbered 49.797 (5).

16,1656uq Section 1656uq. 49.129 (5m) of the statutes is repealed.

16,1656ur Section 1656ur. 49.129 (6) of the statutes is renumbered 49.797 (6).

16,1656us Section 1656us. 49.129 (7) of the statutes is renumbered 49.797 (7).

16,1656ut Section 1656ut. 49.129 (8) of the statutes is renumbered 49.797 (8).

16,1656uu Section 1656uu. 49.13 (1) (intro.) and (a) of the statutes are created to read:

49.13 (1) (intro.) In this section:

(a) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2036.

16,1656uv Section 1656uv. 49.131 (title) of the statutes is created to read:

49.131 (title) Electronic transfer of benefits.

16,1656uw Section 1656uw. 49.131 (3) of the statutes is created to read:

49.131 (3) 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.

16,1657 Section 1657. 49.137 (4m) of the statutes is created to read:

49.137 (4m) Local pass-through grant program. The department shall award grants to local governments and tribal governing bodies for programs to improve the quality of child care. The department shall promulgate rules to administer the grant program, including rules that specify the eligibility criteria and procedures for awarding the grants.

16,1657g Section 1657g. 49.143 (1) (a) of the statutes is repealed and recreated to read:

49.143 (1) (a) Except as provided in par. (ar), the department may do any of the following:

1. Award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The competitive process shall include cost and prior experience criteria.

2. Contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department under sub. (3), during the immediately preceding contract period.

16,1657j Section 1657j. 49.143 (1) (ag) of the statutes is created to read:

49.143 (1) (ag) A contract entered into under par. (a) 2. shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under par. (a) 2. if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election. A Wisconsin works agency that has not met the performance standards established by the department under sub. (3) may apply for a contract under the competitive process established under par. (a) 1.

16,1657m Section 1657m. 49.143 (1) (am) of the statutes is repealed.

16,1657p Section 1657p. 49.143 (1) (ar) of the statutes is created to read:

49.143 (1) (ar) If the department changes the geographical areas for which a Wisconsin works agency administers Wisconsin works as provided under sub. (6), the department shall award contracts on the basis of the competitive process established by the department under par. (a) 1. regardless of whether a Wisconsin works agency has met the performance standards established by the department under sub. (3) and is eligible to contract with the department under par. (a) 2.

16,1657r Section 1657r. 49.143 (1) (ay) of the statutes is amended to read:

49.143 (1) (ay) A county or tribal governing body that enters into a contract under par. (a) or (am) but elects not to compete for a subsequent contract under par. (a) 1. shall provide the notice required under this paragraph at least 6 months prior to the expiration of its contract under par. (a) or (am) 1. A county or tribal governing body that elects not to enter into a contract under par. (am) 1. (a) 2. or to compete for a contract under par. (am) 2. (ag) shall provide the notice required under this paragraph by the date established by the department, by rule, under par. (am) 1. (ag). The notice shall be provided to all employees of the county or tribal governing body who may be laid off as a result of the county's or tribal governing body's election not to enter into or compete for a contract and to the certified or recognized collective bargaining representatives of such employees, if any. The notice shall inform the employees and the representatives that the county or tribal governing body is making the election not to enter into or compete for a contract; that the employees may be laid off as a result of that election; that the employees may wish to consider forming a private agency to bid on the contract under par. (a) 1.; that the employees may obtain information from the department on the competitive process under par. (a) 1. and the contract requirements under this section; and that the employees may obtain information from the department on steps that the employees might take to organize themselves to form a private agency for the purposes of competing for a contract under par. (a) 1. The department shall provide the information specified in this paragraph upon the request of any employee or collective bargaining representative described in this paragraph.

16,1657u Section 1657u. 49.143 (1) (b) of the statutes is amended to read:

49.143 (1) (b) If no acceptable provider in a geographical area is selected under par. (a) or (am), the department shall administer Wisconsin works in that geographical area.

16,1659g Section 1659g. 49.143 (2) (a) 9. of the statutes is repealed.

16,1660b Section 1660b. 49.143 (2) (e) of the statutes is repealed.

16,1660d Section 1660d. 49.143 (2g) of the statutes is created to read:

49.143 (2g) Contract prohibitions. (a) Each contract under sub. (1) shall prohibit a Wisconsin works agency from using funding that is allocated under the contract to pay Wisconsin works benefits under s. 49.148 for any of the following:

1. Costs of providing direct services to Wisconsin works participants.

2. Costs of administering Wisconsin works.

(b) No Wisconsin works agency may expend moneys that are provided under a contract under sub. (1) to conduct public relations activities unless the public relations activities are directly related to providing community outreach and informing participants about the services available under Wisconsin works.

16,1660e Section 1660e. 49.143 (4m) of the statutes is created to read:

49.143 (4m) Oversight of Wisconsin works agencies. The department shall do all of the following with respect to Wisconsin works agencies that are located in counties that have a population of 500,000 or more:

(a) Monitor each agency's compliance with contracts that are entered into under sub. (1).

(b) Provide technical assistance to each agency.

16,1660g Section 1660g. 49.143 (6) of the statutes is amended to read:

49.143 (6) Geographical areas. The department shall determine the geographical area for which a Wisconsin works agency will administer Wisconsin works. Beginning on the effective date of this subsection .... [revisor inserts date], the department may not change the number or the boundaries of the geographical areas that have been established under this subsection unless the department first consults with a county department that is created under s. 46.21 (2m) (a) and holds at least one public hearing in each of the geographical areas that would be affected by the proposed change. Except for federally recognized American Indian reservations and in counties with a population of 500,000 or more, no geographical area may be smaller than one county. A geographical area may include more than one county. The department need not establish the geographical areas by rule.

16,1660hb Section 1660hb. 49.145 (3) (b) 1. of the statutes is amended to read:

49.145 (3) (b) 1. All earned and unearned income of the individual, except any amount received under section 32 of the internal revenue code Internal Revenue Code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the internal revenue code Internal Revenue Code, as defined in s. 71.01 (6), any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.

16,1660jk Section 1660jk. 49.147 (4) (am) of the statutes is amended to read:

49.147 (4) (am) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses, employer-sponsored training, and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.

16,1660jv Section 1660jv. 49.147 (5) (bm) of the statutes is amended to read:

49.147 (5) (bm) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses, employer-sponsored training, and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.

16,1660p Section 1660p. 49.1473 of the statutes is created to read:

49.1473 Wisconsin works; domestic abuse screening and training. (1) (a) The department shall promulgate rules for screening victims of domestic abuse and for the training of Wisconsin works agency employees in domestic abuse issues. The rules shall allow an individual to voluntarily and confidentially disclose that he or she is or has been a victim of domestic abuse or is at risk of further domestic abuse. The rules shall also specify the evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.

(b) Each Wisconsin works agency shall establish procedures, in accordance with the rules promulgated by the department under par. (a), for screening victims of domestic abuse.

(2) If a Wisconsin works agency employee identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the Wisconsin works agency shall provide the individual with information on community-based domestic abuse services, including information on shelters or programs for battered individuals, sexual assault provider services, medical services, sexual assault nurse examiners services, domestic violence and sexual assault hotlines, legal and medical counseling and advocacy, mental health care, counseling, and support groups. The Wisconsin works agency shall provide the information to the individual orally and in writing in accordance with guidelines developed by the department. The Wisconsin works agency shall also provide referrals for community-based counseling and supportive service providers to the individual if the individual elects to receive the services.

16,1660xa Section 1660xa. 49.155 (1) (d) of the statutes is created to read:

49.155 (1) (d) "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

16,1660y Section 1660y. 49.155 (1d) (a) of the statutes is amended to read:

49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a any other requirement for training for providers.

16,1661b Section 1661b. 49.155 (1g) (b) of the statutes is amended to read:

49.155 (1g) (b) From the appropriation under s. 20.445 (3) (mc), distribute $8,012,500 $44,955,200 in fiscal year 1999-2000 2001-02 and $7,412,500 $27,977,500 in fiscal year 2000-01 2002-03 for the purposes of providing technical assistance for child care providers and of, for administering the child care program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under sub. (1d), and for a system of rates or a program of grants, as provided under sub. (1d), to reimburse for reimbursement of child care providers that meet those quality of care standards and, for grants under s. 49.137 (2) and (4m), for a child care scholarship and bonus program, for safe child care activities, for administration of the department's office of child care, and for contracts under s. 49.137 (4) to improve the quality of child day care services in this state.

16,1662 Section 1662. 49.155 (1g) (c) of the statutes is amended to read:

49.155 (1g) (c) From the appropriation under s. 20.445 (3) (mc), transfer $3,596,900 $4,549,500 in fiscal year 1999-2000 2001-02 and $3,745,200 $4,733,700 in fiscal year 2000-01 2002-03 to the appropriation under s. 20.435 (3) (kx), and transfer $20,700 in fiscal year 1999-2000 and $27,700 in fiscal year 2000-01 to the appropriation under s. 20.435 (8) (kx), for the purpose of day care center licensing under s. 48.65.

16,1663j Section 1663j. 49.155 (1m) (a) 3m. of the statutes is amended to read:

49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.124 (1m) 49.13.

16,1664 Section 1664. 49.155 (1m) (bm) of the statutes is amended to read:

49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the individual meets the requirement under s. 49.145 (2) (c).

16,1665 Section 1665. 49.155 (1m) (c) (intro.) of the statutes is repealed.

16,1666 Section 1666. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

49.155 (1m) (c) 1. (intro.) The Except as provided in subds. 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the Wisconsin works agency shall include the sum of the following:

16,1667 Section 1667. 49.155 (1m) (c) 1g. of the statutes is amended to read:

49.155 (1m) (c) 1g. The If the individual is a foster parent of the child and, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.

16,1668 Section 1668. 49.155 (1m) (c) 1h. of the statutes is amended to read:

49.155 (1m) (c) 1h. The If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child and, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.

16,1669 Section 1669. 49.155 (1m) (c) 1m. of the statutes is amended to read:

49.155 (1m) (c) 1m. The If the individual was eligible under s. 49.132 (4) (a), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6), 1995 stats., and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family.

16,1670 Section 1670. 49.155 (1m) (c) 2. of the statutes is amended to read:

49.155 (1m) (c) 2. The If the individual was eligible under s. 49.132 (4) (am), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

16,1671 Section 1671. 49.155 (1m) (c) 3. of the statutes is amended to read:

49.155 (1m) (c) 3. The If the individual was eligible for a child care subsidy under s. 49.191 (2), 1997 stats., on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

16,1674 Section 1674. 49.155 (3m) (title) of the statutes is amended to read:

49.155 (3m) (title) Distribution of child care funds to counties and certain child care providers.

16,1675 Section 1675. 49.155 (3m) (a) of the statutes is amended to read:

49.155 (3m) (a) The department shall reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23 or tribal governing bodies for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers. The department may reimburse a Wisconsin works agency for child care that the Wisconsin works agency provides to the children of Wisconsin works participants and applicants.

16,1676 Section 1676. 49.155 (3m) (d) of the statutes is amended to read:

49.155 (3m) (d) No funds distributed under par. (a) may be used to provide for child care services that are provided for a child by a person child care provider who is the parent of the child or who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.

16,1676n Section 1676n. 49.173 (title) of the statutes is amended to read: