AB591-ASA1,35,85 (g) Subject to par. (h), a county department may not certify a person to be a day
6care provider under this section and a day care provider certified under this section
7may not employ a person or permit a person to be an adult resident if any of the
8following applies:
AB591-ASA1,35,119 1. The person has been convicted of a violation of ch. 161 that is punishable as
10a felony or of a violation of the law of any other state or federal law that would be a
11violation of ch. 161 that is punishable as a felony if committed in this state.
AB591-ASA1,35,1612 2. The person has had imposed on him or her a penalty specified in s. 939.62,
13939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the
14law of any other state or federal law under circumstances under which the person
15would be subject to a penalty specified in any of those sections if convicted in this
16state.
AB591-ASA1,36,217 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than
18a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of
19the law of any other state or federal law that would be a violation of ch. 940, 944 or
20948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if
21committed in this state, except that the county department may certify a person to
22be a day care provider under this section and a day care provider certified under this
23section may employ or permit to be an adult resident a person who has been convicted
24of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other
25state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if

1committed in this state, if that violation occurred 20 years or more before the date
2of the investigation.
AB591-ASA1,36,93 (h) Notwithstanding par. (g), a person whose application for initial certification
4or renewal of a certification under this section has been denied on one of the grounds
5specified in par. (g) 1. to 3. may petition the department for a review of that denial.
6If the department determines that issuing or renewing the license would be in the
7best interests of a child, the department shall order that the license be issued or
8renewed. The department shall promulgate rules to provide standards under which
9to review a petition under this paragraph.
AB591-ASA1,36,1410 (i) A county department shall keep confidential all information received under
11this subsection from the department of justice or the federal bureau of investigation,
12except that the county department may disclose any information obtained under this
13subsection to any other county department conducting an investigation under this
14subsection. Such information is not subject to inspection or copying under s. 19.35.
AB591-ASA1,36,1715 (j) A county department may charge a fee for conducting a background
16investigation under this subsection. The fee may not exceed the reasonable cost of
17conducting the investigation.
AB591-ASA1, s. 74 18Section 74. 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443,
19is amended to read:
AB591-ASA1,37,1420 48.981 (2) Persons required to report. A physician, coroner, medical
21examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
22mental health professional, social worker, marriage and family therapist,
23professional counselor, public assistance worker, including a financial and
24employment planner, as defined in s. 49.141 (1) (d),
school teacher, administrator or
25counselor, mediator under s. 767.11, child care worker in a day care center or child

1caring institution, day care provider, alcohol or other drug abuse counselor, member
2of the treatment staff employed by or working under contract with a county
3department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
4therapist, dietitian, speech-language pathologist, audiologist, emergency medical
5technician or police or law enforcement officer having reasonable cause to suspect
6that a child seen in the course of professional duties has been abused or neglected
7or having reason to believe that a child seen in the course of professional duties has
8been threatened with abuse or neglect and that abuse or neglect of the child will occur
9shall, except as provided under sub. (2m), report as provided in sub. (3). Any other
10person, including an attorney, having reason to suspect that a child has been abused
11or neglected or reason to believe that a child has been threatened with abuse or
12neglect and that abuse or neglect of the child will occur may make such a report. No
13person making a report under this subsection may be discharged from employment
14for so doing.
AB591-ASA1, s. 75 15Section 75. 49.001 (9) of the statutes is created to read:
AB591-ASA1,37,1916 49.001 (9) "Wisconsin works agency" means a person under contract under s.
1749.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is
18awarded under s. 49.143, "Wisconsin works agency" means the department of
19industry, labor and job development.
AB591-ASA1, s. 76 20Section 76. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
21is amended to read:
AB591-ASA1,38,322 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an
23individual is not eligible for relief for a month in which the individual has received
24aid to families with dependent children under s. 49.19 or supplemental security
25income under 42 USC 1381 to 1383c or has participated in a Wisconsin works

1employment position under s. 49.147 (3) to (5) or
in which aid to families with
2dependent children or, supplemental security income benefits are or a Wisconsin
3works employment position is
immediately available to the individual.
AB591-ASA1, s. 77 4Section 77. 49.124 (1m) of the statutes, as affected by 1995 Wisconsin Act 27,
5is renumbered 49.124 (1m) (a) and amended to read:
AB591-ASA1,38,216 49.124 (1m) (a) The department shall administer an employment and training
7program for recipients under the food stamp program. The department may contract
8with a Wisconsin works agency to administer the employment and training program
9under this section. Except as provided in par. (b), and to the extent permitted by
10federal law or waiver, the department may require able-bodied individuals who are
1118 to 64 years of age who are eligible for a Wisconsin works employment position
12under s. 49.147 (3) to (5) to participate in a Wisconsin works employment position,
13in lieu of the program under this section, as a condition of receiving food stamp
14benefits. Except as provided in par. (b), the department may require able-bodied
15individuals who are 18 to 64 years of age who are not eligible for a Wisconsin works
16employment position to participate in the employment and training program under
17this section. To the extent permitted by federal law or waiver, the department may
18distribute food stamp benefits on a pay-for-performance basis, as determined under
19par. (c). The maximum number of hours an individual may be required to work may
20not exceed the amount of food stamp benefits divided by the applicable federal
21minimum wage, or 40 hours per week, whichever is less.
AB591-ASA1, s. 78 22Section 78. 49.124 (1m) (b) of the statutes is created to read:
AB591-ASA1,39,223 49.124 (1m) (b) The department may not require an individual who is a
24recipient under the food stamp program and who is the caretaker of a child who is

1under the age of 12 weeks to participate in any employment and training program
2under par. (a).
AB591-ASA1, s. 79 3Section 79. 49.124 (1m) (c) of the statutes is created to read:
AB591-ASA1,39,54 49.124 (1m) (c) The amount of food stamp benefits paid to the recipient in a
5subsequent month shall be determined as follows:
AB591-ASA1,39,9 61. The department shall add the recipient's total number of hours of actual
7participation in the month to the total number of hours in a month for which the
8recipient had good cause, as defined by the department by rule, for not participating
9in required activities.
AB591-ASA1,39,12 102. The department shall subtract the total number of hours determined under
11subd. 1. from the recipient's total number of hours of required participation in that
12month.
AB591-ASA1,39,14 133. The department shall multiply the number of hours determined under subd.
142. by the federal minimum hourly wage under 29 USC 206 (a) (1).
AB591-ASA1,39,1715 4. The department shall subtract the dollar amount determined under subd.
163. from the amount of food stamp benefits that the recipient's family would have
17received if he or she had participated for the total number of assigned hours.
AB591-ASA1, s. 80 18Section 80. 49.124 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
19sections 2792 and 3141, is repealed and recreated to read:
AB591-ASA1,39,2420 49.124 (3) Deductions from income maintenance payments. The department
21shall withhold the value of food stamp losses for which a county, Wisconsin works
22agency or federally recognized American Indian tribe is liable under sub. (2) from the
23payment to the county, Wisconsin works agency or tribe under s. 20.445 (3) (dz) and
24(nL) and reimburse the federal government from the funds withheld.
AB591-ASA1, s. 81
1Section 81. 49.125 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
2is amended to read:
AB591-ASA1,40,83 49.125 (1) The department, or a county or , an elected governing body of a
4federally recognized American Indian tribe or band or a Wisconsin works agency
5acting on behalf of the department, may recover overpayments that arise from an
6overissuance of food coupons under the food stamp program administered under s.
746.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in accordance with 7 USC
82022
.
AB591-ASA1, s. 82 9Section 82. 49.141 of the statutes is created to read:
AB591-ASA1,40,11 1049.141 Wisconsin works; general provisions. (1) Definitions. As used in
11ss. 49.141 to 49.161:
AB591-ASA1,40,1312 (a) "Community service job" means a work component of Wisconsin works
13administered under s. 49.147 (4).
AB591-ASA1,40,1714 (b) "Custodial parent" means, with respect to a dependent child, a parent who
15resides with that child and, if there has been a determination of legal custody with
16respect to the dependent child, has legal custody of that child. For the purposes of
17this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).
AB591-ASA1,40,2118 (c) "Dependent child" means a person who resides with a parent and who is
19under the age of 18 or, if the person is a full-time student at a secondary school or
20a vocational or technical equivalent and is reasonably expected to complete the
21program before attaining the age of 19, is under the age of 19.
AB591-ASA1,40,2422 (d) "Financial and employment planner" means a caseworker employed by a
23Wisconsin works agency who provides financial or employment counseling services
24to a participant.
AB591-ASA1,40,2525 (e) "Job access loan" means a loan administered under s. 49.147 (6).
AB591-ASA1,41,1
1(f) "Migrant worker" has the meaning given in s. 103.90 (5).
AB591-ASA1,41,32 (g) "Minimum wage" means the state minimum hourly wage under ch. 104 or
3the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.
AB591-ASA1,41,54 (h) "Noncustodial parent" means, with respect to a dependent child, a parent
5who is not the custodial parent.
AB591-ASA1,41,106 (i) "Nonmarital coparent" means, with respect to an individual and a
7dependent child, a parent who is not married to the individual, resides with the
8dependent child and is either an adjudicated parent or a parent who has signed and
9filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging
10paternity.
AB591-ASA1,41,1211 (j) "Parent" means either a biological parent, a person who has consented to the
12artificial insemination of his wife under s. 891.40, or a parent by adoption.
AB591-ASA1,41,1413 (k) "Participant" means an individual who participates in any component of the
14Wisconsin works program.
AB591-ASA1,41,1515 (L) "Strike" has the meaning provided in 29 USC 142 (2).
AB591-ASA1,41,1716 (m) "Transitional placement" means a work component of Wisconsin works
17administered under s. 49.147 (5).
AB591-ASA1,41,1918 (n) "Trial job" means a work component of Wisconsin works administered under
19s. 49.147 (3).
AB591-ASA1,41,2120 (p) "Wisconsin works" means the assistance program for families with
21dependent children, administered under ss. 49.141 to 49.161.
AB591-ASA1,41,2322 (r) "Wisconsin works employment position" means any job or placement under
23s. 49.147 (3) to (5).
AB591-ASA1,42,624 (s) "Wisconsin works group" means an individual who is a custodial parent, all
25dependent children with respect to whom the individual is a custodial parent and all

1dependent children with respect to whom the individual's dependent child is a
2custodial parent. "Wisconsin works group" includes any nonmarital coparent or any
3spouse of the individual who resides in the same household as the individual and any
4dependent children with respect to whom the spouse or nonmarital coparent is a
5custodial parent. "Wisconsin works group" does not include any person who is
6receiving benefits under s. 49.027 (3) (b).
AB591-ASA1,42,16 7(2) Waivers; legislation. (a) If necessary, the department shall request a
8waiver from the secretaries of the federal department of health and human services,
9the federal department of agriculture and the federal social security administration
10or shall seek the passage of federal legislation to permit the department to conduct
11the Wisconsin works program in lieu of the aid to families with dependent children
12program under s. 49.19, the job opportunities and basic skills program under s.
1349.193, the parental responsibility pilot program under s. 49.25 and the
14work-not-welfare program under s. 49.27 and as part of the food stamp program
15under 7 USC 2011 to 2029 and the medical assistance program under 42 USC 1396
16to 1396u.
AB591-ASA1,42,2517 (b) If a waiver is granted and in effect or legislation is enacted, and if the
18department determines that sufficient funds are available, the department may
19begin to implement the Wisconsin works program no sooner than July 1, 1996, for
20selected counties or groups determined by the department and shall implement the
21Wisconsin works program statewide for all groups no later than September 1, 1997.
22If a waiver is not granted and in effect or federal legislation is not enacted before
23March 30, 1997, the department shall implement the Wisconsin works program
24statewide for all groups no later than 3 months after the necessary waiver has been
25granted or federal legislation has been enacted.
AB591-ASA1,43,4
1(d) Before implementing the Wisconsin works program, the department shall
2publish a notice in the Wisconsin Administrative Register that states the date on
3which the department will begin to implement the Wisconsin works program
4statewide.
AB591-ASA1,43,10 5(3) Applications. Any individual may apply for any component of Wisconsin
6works. Application for each component of Wisconsin works shall be made on a form
7prescribed by the department. The individual shall submit a completed application
8form to a Wisconsin works agency in the geographical area specified by the
9department under s. 49.143 (6) in which the individual lives and in the manner
10prescribed by the department.
AB591-ASA1,43,13 11(4) Nonentitlement. Notwithstanding fulfillment of the eligibility
12requirements for any component of Wisconsin works, an individual is not entitled to
13services or benefits under Wisconsin works.
AB591-ASA1,43,15 14(5) Nonsupplant. No Wisconsin works employment position may be operated
15so as to do any of the following:
AB591-ASA1,43,1716 (a) Displace any regular employe or reduce the wages or hours of work of any
17regular employe.
AB591-ASA1,43,1918 (b) Fill a position when any other person is on layoff from the same or a
19substantially equivalent job within the same organizational unit.
AB591-ASA1, s. 83 20Section 83. 49.143 of the statutes is created to read:
AB591-ASA1,44,2 2149.143 Wisconsin works; agency contracts. (1) Awarding contracts. (a)
22Except as provided in par. (am), the department may contract with any person to
23administer Wisconsin works in a geographical area determined by the department
24under sub. (6). The department may award a contract under this section on the basis
25of a competitive process approved by the secretary of administration, or, if the

1secretary of administration determines that it is in the best interest of the state to
2do so, on the basis of a noncompetitive process.
AB591-ASA1,44,73 (am) The department may contract with a county department under s. 46.215,
446.22 or 46.23 or with a tribal governing body to administer Wisconsin works in that
5county or on that tax-free land if the county department or tribal governing body has
6met the aid to families with dependent children caseload performance standards
7established by the department and has submitted an acceptable proposal.
AB591-ASA1,44,148 (b) If no acceptable provider in a geographical area is selected under par. (a) or
9(am), the department may administer Wisconsin works directly in that geographical
10area, or, for a period of up to 12 months succeeding the statewide implementation of
11Wisconsin works, may require the county or counties that comprise that
12geographical area to administer Wisconsin works. A county that is required under
13this paragraph to administer Wisconsin works may contract with any person without
14competitive bidding or competitive sealed proposals to administer Wisconsin works.
AB591-ASA1,44,17 15(2) Contract requirements. Each contract under sub. (1) shall contain
16performance-based incentives established by the department. The contract shall
17require a Wisconsin works agency to do all of the following:
AB591-ASA1,45,518 (a) Establish a community steering committee. The Wisconsin works agency
19shall recommend the members of the committee to the chief executive officer of each
20county served by the Wisconsin works agency. The chief executive officer of each
21county shall appoint the members of the committee. The number of members that
22each chief executive officer appoints to the committee shall be in proportion to the
23population of that officer's county relative to the population of each other county
24served by the Wisconsin works agency, except that the chief executive officer of a
25county that is not a Wisconsin works agency shall appoint the director of the county

1department under s. 46.215, 46.22 or 46.23, or his or her designee, and one other
2representative of the county department under s. 46.215, 46.22 or 46.23. The
3committee shall consist of at least 12 members, but not more than 15 members. The
4members of the committee shall appoint a chairperson who shall be a person who
5represents business interests. The committee shall do all of the following:
AB591-ASA1,45,76 1. Advise the Wisconsin works agency concerning employment and training
7activities.
AB591-ASA1,45,98 2. Identify and encourage employers to provide permanent jobs for persons who
9are eligible for trial jobs or community service jobs.
AB591-ASA1,45,1110 3. Create, and encourage others to create, subsidized jobs for persons who are
11eligible for trial jobs or community service jobs.
AB591-ASA1,45,1312 4. Create, and encourage others to create, on-the-job training sites for persons
13who are eligible for trial jobs or community service jobs.
AB591-ASA1,45,1514 5. Foster and guide the entrepreneurial efforts of participants who are eligible
15for trial jobs or community service jobs.
AB591-ASA1,45,1916 6. Provide mentors, both from its membership and from recruitment of
17members of the community, to provide job-related guidance, including assistance in
18resolving job-related issues and the provision of job leads or references, to persons
19who are eligible for trial jobs or community service jobs.
AB591-ASA1,45,2120 7. Coordinate with the governor's council on workforce excellence under s.
21106.115 to ensure compatibility of purpose and no duplication of effort.
AB591-ASA1,45,2422 8. Work with participants, employers, child care providers and the community
23to identify child care needs, improve access to child care and expand availability of
24child care.
AB591-ASA1,46,6
1(b) Establish a children's services network. The children's services network
2shall provide information about community resources available to the dependent
3children in a Wisconsin works group, including charitable food and clothing centers;
4subsidized and low-income housing; transportation subsidies; the state
5supplemental food program for women, infants and children under s. 253.06; and
6child care programs.
AB591-ASA1,46,127 (c) Employ at least one financial and employment planner. The financial and
8employment planner shall work with a participant to facilitate the participant's
9achievement of the maximum degree of self-sufficiency. The department shall
10ensure that a financial and employment planner employed by a Wisconsin works
11agency meets certification and training requirements established by the department
12by rule and that appropriate training is provided by a Wisconsin works agency.
AB591-ASA1,46,1513 (cg) Employ staff, if necessary, to meet the needs of participants who are
14refugees and who have cultural or linguistic barriers to participation in Wisconsin
15works.
AB591-ASA1,46,2016 (cm) If a significant proportion of the population served by the Wisconsin works
17agency is comprised of a refugee group, employ staff that is proficient in the language
18of the refugee group to aid the financial and employment planner in locating
19appropriate employment opportunities that do not require English proficiency for
20participants who are members of that refugee group.
AB591-ASA1,47,221 (d) If the Wisconsin works agency is not a county department under s. 46.215,
2246.22 or 46.23 or tribal governing body, cooperate with the county department or
23tribal governing body to ensure that services delivered under Wisconsin works, the
24food stamp program and medical assistance are coordinated with the county or tribal

1governing body in a manner that most effectively serves the recipients of those
2services.
AB591-ASA1,47,73(e) Certify eligibility for and issue food coupons in conformity with 7 USC 2011
4to 2029. If the Wisconsin works agency is not a county department under s. 46.215,
546.22 or 46.23 or tribal governing body, the agency shall certify eligibility for and
6issue food coupons only if the county department or tribal governing body has elected
7not to certify eligibility for and issue food coupons.
AB591-ASA1,47,108 (em) Determine eligibility for child care assistance under s. 49.155 and refer
9eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care
10services.
AB591-ASA1,47,1211 (f) Perform any other tasks specified by the department in the contract that the
12department determines are necessary for the administration of Wisconsin works.
AB591-ASA1,47,16 13(3) Performance standards. The department shall establish performance
14standards for the administration of Wisconsin works. If a Wisconsin works agency
15does not meet the standards established under this subsection, the department may
16withhold any or all payment from the Wisconsin works agency.
AB591-ASA1,47,18 17(4) Audits. The department may require a Wisconsin works agency to submit
18to an independent annual audit paid for by the Wisconsin works agency.
AB591-ASA1,47,25 19(5) Requests for information. (a) In accordance with rules promulgated by
20the department, a Wisconsin works agency may request from any person any
21information that it determines appropriate and necessary for the administration of
22Wisconsin works. Any person in this state shall provide this information within 7
23days after receiving a request under this paragraph. The Wisconsin works agency
24may disclose information obtained under this paragraph only in the administration
25of Wisconsin works.
AB591-ASA1,48,5
1(b) The department may request from any Wisconsin works agency any
2information that the department determines appropriate and necessary for the
3overall administration of Wisconsin works. A Wisconsin works agency shall provide
4the department with the requested information in the manner prescribed by the
5department by rule.
AB591-ASA1,48,86 (c) The department may inspect at any time any Wisconsin works agency's
7records as the department determines is appropriate and necessary for the overall
8administration of Wisconsin works.
AB591-ASA1,48,14 9(6) Geographical areas. The department shall determine the geographical
10area for which a Wisconsin works agency will administer Wisconsin works. Except
11on tax-free lands and in counties with a population of 500,000 or more, no
12geographical area may be smaller than one county. A geographical area may include
13more than one county. The department need not establish the geographical areas by
14rule.
AB591-ASA1, s. 84 15Section 84. 49.145 of the statutes is created to read:
AB591-ASA1,48,22 1649.145 Wisconsin works; eligibility for employment positions. (1)
17General eligibility. In order to be eligible for Wisconsin works employment
18positions and job access loans for any month, an individual shall meet the eligibility
19requirements under subs. (2) and (3). The department may promulgate rules
20establishing additional eligibility criteria and specifying how eligibility criteria are
21to be administered. The department may promulgate rules establishing payment
22and reporting periods as needed to administer this subsection.
AB591-ASA1,48,25 23(2) Nonfinancial eligibility requirements. An individual is eligible for a
24Wisconsin works employment position and a job access loan in a month only if all of
25the following nonfinancial eligibility requirements are met:
AB591-ASA1,49,1
1(a) The individual is a custodial parent.
AB591-ASA1,49,22 (b) The individual has attained the age of 18.
AB591-ASA1,49,43 (c) The individual is a U.S. citizen or a qualifying alien, as defined by the
4department by rule.
AB591-ASA1,49,75 (d) The individual has resided in this state for at least 60 consecutive days prior
6to applying under s. 49.141 (3) and, unless the person is a migrant worker, has
7demonstrated an intent to continue to reside in this state.
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