AB591-ASA2,28,622
(d) If the person being investigated under par. (b) or (c) is a nonresident, or at
23any time within the 5 years preceding the date of the application has been a
24nonresident, or if the county department determines that the person's employment,
25licensing or state court records provide a reasonable basis for further investigation,
1the county department shall require the person to be photographed and
2fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
3fingerprints. The department of justice may provide for the submission of the
4fingerprint cards to the federal bureau of investigation for the purposes of verifying
5the identity of the person fingerprinted and obtaining records of his or her criminal
6arrest and conviction.
AB591-ASA2,28,87
(e) Upon request, a person being investigated under par. (b) or (c) shall provide
8the county department with all of the following information:
AB591-ASA2,28,99
1. The person's name.
AB591-ASA2,28,1010
2. The person's social security number.
AB591-ASA2,28,1211
3. Other identifying information, including the person's birthdate, gender, race
12and any identifying physical characteristics.
AB591-ASA2,28,1613
4. Information regarding the conviction record of the person under the law of
14this state or any other state or under federal law. This information shall be provided
15on a notarized background verification form that the department shall provide by
16rule.
AB591-ASA2,28,2417
(f) 1. The county department may not make payments under sub. (3m) unless
18the county department receives information from the department of justice
19indicating that the conviction record of the applicant under the law of this state is
20satisfactory according to the criteria specified in par. (g) 1. to 3. The department may
21make payments under sub. (3m) conditioned on the receipt of information from the
22federal bureau of investigation indicating that the person's conviction record under
23the law of any other state or under federal law is satisfactory according to the criteria
24specified in par. (g) 1. to 3.
AB591-ASA2,29,10
12. A person receiving payments under sub. (3m) may not employ a person or
2permit a person to be an adult resident until the county department receives
3information from the department of justice indicating that the person's conviction
4record under the law of this state is satisfactory according to the criteria specified in
5par. (g) 1. to 3. and the county department so advises the person receiving payments
6under sub. (3m). A person receiving payments under sub. (3m) may employ a person
7or permit a person to be an adult resident conditioned on the receipt of information
8from the federal bureau of investigation indicating that the person's conviction
9record under the law of any other state or under federal law is satisfactory according
10to the criteria specified in par. (g) 1. to 3.
AB591-ASA2,29,1411
(g) Subject to par. (h), the county department may not make payments to a
12person applying for payments under sub. (3m) and a person receiving payments
13under sub. (3m) may not employ a person or permit a person to be an adult resident
14if any of the following applies:
AB591-ASA2,29,1815
1. The applicant or other person has been convicted of a violation of ch. 161 that
16is punishable as a felony or of a violation of the law of any other state or federal law
17that would be a violation of ch. 161 that is punishable as a felony if committed in this
18state.
AB591-ASA2,29,2319
2. The applicant or other person has had imposed on him or her a penalty
20specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been
21convicted of a violation of the law of any other state or federal law under
22circumstances under which the applicant or other person would be subject to a
23penalty specified in any of those sections if convicted in this state.
AB591-ASA2,30,924
3. The applicant or other person has been convicted of a violation of ch. 940, 944
25or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70,
1or of a violation of the law of any other state or federal law that would be a violation
2of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45,
3948.63 or 948.70, if committed in this state, except that the county department may
4make payments to a person applying for payments under sub. (3m) and a person
5receiving payments under sub. (3m) may employ or permit to be an adult resident
6a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a
7violation of the law of any other state or federal law that would be a violation of s.
8944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years
9or more before the date of the investigation.
AB591-ASA2,30,1610
(h) Notwithstanding par. (g), a person whose application to a county
11department for payments under sub. (3m) has been denied on one of the grounds
12specified in par. (g) 1. to 3. may petition the department for a review of that denial.
13If the department determines that making those payments would be in the best
14interests of a child, the department shall order that those payments be made. The
15department shall promulgate rules to provide standards under which to review a
16petition under this paragraph.
AB591-ASA2,30,2217
(i) The county department shall keep confidential all information received
18under this subsection from the department of justice or the federal bureau of
19investigation, except that the county department may disclose any information
20obtained under this subsection to any other county department conducting an
21investigation under this subsection. Such information is not subject to inspection or
22copying under s. 19.35.
AB591-ASA2,30,2523
(j) The county department may charge a fee for conducting a background
24investigation under this subsection. The fee may not exceed the reasonable cost of
25conducting the investigation.
AB591-ASA2, s. 72
1Section
72. 48.651 of the statutes is renumbered 48.651 (1) (intro.) and
2amended to read:
AB591-ASA2,31,123
48.651
(1) (intro.) Each county department shall certify, according to the
4standards adopted by the department under s. 46.03 (21), each day care provider
5from whom it purchases services under s. 46.036 on or after January 1, 1985, and
6each day care provider that provides day care services to parents pursuant to a
7voucher provided under s. 46.98 (3) (c) on or after January 1, 1985
reimbursed for
8child care services provided to families determined eligible under s. 46.98 (2r) and
9(4), unless the provider is a day care center licensed under s. 48.65 or is established
10or contracted for under s. 120.13 (14).
Each county may charge a fee to cover the costs
11of certification. The county shall certify the following categories of day care
12providers:
AB591-ASA2, s. 73
13Section
73. 48.651 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
14Act .... (this act), is amended to read:
AB591-ASA2,31,2115
48.651
(1) (intro.) Each county department shall certify, according to the
16standards adopted by the department under s. 46.03 (21), each day care provider
17reimbursed for child care services provided to families determined eligible under ss.
1846.98 (2r) and (4)
and 49.155 (1m), unless the provider is a day care center licensed
19under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county
20may charge a fee to cover the costs of certification. The county shall certify the
21following categories of day care providers:
AB591-ASA2, s. 74
22Section
74. 48.651 (1) (a) and (b) of the statutes are created to read:
AB591-ASA2,31,2523
48.651
(1) (a) Level I day care providers, as established by the department
24under s. 46.03 (21). No county may certify a provider under this paragraph if the
25provider is a relative of all of the children for whom he or she provides care.
AB591-ASA2,32,3
1(b) Level II day care providers, as established by the department under s. 46.03
2(21). In establishing the requirements for certification under this paragraph, the
3department may not include a requirement for training for providers.
AB591-ASA2,32,95
48.651
(2) (a) In this subsection, "adult resident" means a person 18 years of
6age or over who lives at the home of a person who is a day care provider certified
7under this section with the intent of making that home his or her home or who lives
8for more than 30 days cumulative in any 6-month period at the home of a person who
9is a day care provider certified under this section.
AB591-ASA2,32,1310
(b) 1. Before initially certifying a Level I day care provider under sub. (1) (a)
11or a Level II day care provider under sub. (1) (b), the county department, with the
12assistance of the department of justice, shall conduct a background investigation of
13the certification applicant.
AB591-ASA2,32,2014
2. The county department, with the assistance of the department of justice,
15shall conduct a background investigation of any person who, on the effective date of
16this subdivision .... [revisor inserts date], is a day care provider certified under this
17section or who, on the effective date of this subdivision .... [revisor inserts date], has
18an application for certification pending, within 6 months after the effective date of
19this subdivision .... [revisor inserts date], or on the person's application for renewal,
20whichever is earlier.
AB591-ASA2,32,2421
3. Subject to subd. 2., the county department may, at the time of renewal of the
22certification of a day care provider certified under this section, or at any other time
23that the county department considers to be appropriate, conduct, with the assistance
24of the department of justice, a background investigation of that day care provider.
AB591-ASA2,33,5
1(c) 1. Before initially certifying a Level I day care provider under sub. (1) (a) or
2a Level II day care provider under sub. (1) (b), the county department, with the
3assistance of the department of justice, shall, in addition to the investigation under
4par. (b), conduct a background investigation of each employe and prospective
5employe of the certification applicant and of each adult resident.
AB591-ASA2,33,126
2. The county department, with the assistance of the department of justice,
7shall conduct a background investigation of each employe, prospective employe and
8adult resident of a person who, on the effective date of this subdivision .... [revisor
9inserts date], is certified under this section or who, on the effective date of this
10subdivision .... [revisor inserts date], has an application for certification pending,
11within 6 months after that date or on the person's application for renewal, whichever
12is earlier.
AB591-ASA2,33,1713
3. Subject to subd. 2., the county department may, at the time of renewal of the
14certification of a day care provider certified under this section or at any other time
15that the county department considers to be appropriate, conduct, with the assistance
16of the department of justice, a background investigation of any employe, prospective
17employe or adult resident of the day care provider.
AB591-ASA2,33,2218
4. Before a day care provider that is certified under this section may employ
19any person or permit any person to be an adult resident, the county department, with
20the assistance of the department of justice, shall conduct a background investigation
21of the prospective employe or prospective adult resident unless that person has
22already been investigated under subd. 1., 2. or 3.
AB591-ASA2,34,723
(d) If the person being investigated under par. (b) or (c) is a nonresident, or if
24at any time within the 5 years preceding the date of the investigation that person has
25been a nonresident, or if the county department determines that the person's
1employment, certification or state court records provide a reasonable basis for
2further investigation, the county department shall require the person to be
3photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set
4of the person's fingerprints. The department of justice may provide for the
5submission of the fingerprint cards to the federal bureau of investigation for the
6purposes of verifying the identity of the person fingerprinted and obtaining records
7of his or her criminal arrest and conviction.
AB591-ASA2,34,98
(e) Upon request, a person being investigated under par. (b) or (c) shall provide
9the county department with all of the following information:
AB591-ASA2,34,1010
1. The person's name.
AB591-ASA2,34,1111
2. The person's social security number.
AB591-ASA2,34,1312
3. Other identifying information, including the person's birthdate, gender, race
13and any identifying physical characteristics.
AB591-ASA2,34,1714
4. Information regarding the conviction record of the person under the law of
15this state or any other state or under federal law. This information shall be provided
16on a notarized background verification form that the department shall provide by
17rule promulgated under s. 48.67.
AB591-ASA2,34,2518
(f) 1. A county department may not certify a person as a day care provider under
19this section until the county department receives information from the department
20of justice indicating that the person's conviction record under the law of this state is
21satisfactory according to the criteria specified in par. (g) 1. to 3. A county department
22may certify a person as a day care provider under this section conditioned on the
23receipt of information from the federal bureau of investigation indicating that the
24person's conviction record under the law of any other state or under federal law is
25satisfactory according to the criteria specified in par. (g) 1. to 3.
AB591-ASA2,35,10
12. A day care provider that is certified under this section may not employ a
2person or permit a person to be an adult resident until the county department
3receives information from the department of justice indicating that the person's
4conviction record under the law of this state is satisfactory according to the criteria
5specified in par. (g) 1. to 3. and the county department so advises the day care
6provider. A day care provider that is certified under this section may employ a person
7or permit a person to be an adult resident conditioned on the receipt of information
8from the federal bureau of investigation indicating that the person's conviction
9record under the law of any other state or under federal law is satisfactory according
10to the criteria specified in par. (g) 1. to 3.
AB591-ASA2,35,1411
(g) Subject to par. (h), a county department may not certify a person to be a day
12care provider under this section and a day care provider certified under this section
13may not employ a person or permit a person to be an adult resident if any of the
14following applies:
AB591-ASA2,35,1715
1. The person has been convicted of a violation of ch. 161 that is punishable as
16a felony or of a violation of the law of any other state or federal law that would be a
17violation of ch. 161 that is punishable as a felony if committed in this state.
AB591-ASA2,35,2218
2. The person has had imposed on him or her a penalty specified in s. 939.62,
19939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the
20law of any other state or federal law under circumstances under which the person
21would be subject to a penalty specified in any of those sections if convicted in this
22state.
AB591-ASA2,36,823
3. The person has been convicted of a violation of ch. 940, 944 or 948, other than
24a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of
25the law of any other state or federal law that would be a violation of ch. 940, 944 or
1948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if
2committed in this state, except that the county department may certify a person to
3be a day care provider under this section and a day care provider certified under this
4section may employ or permit to be an adult resident a person who has been convicted
5of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other
6state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if
7committed in this state, if that violation occurred 20 years or more before the date
8of the investigation.
AB591-ASA2,36,159
(h) Notwithstanding par. (g), a person whose application for initial certification
10or renewal of a certification under this section has been denied on one of the grounds
11specified in par. (g) 1. to 3. may petition the department for a review of that denial.
12If the department determines that issuing or renewing the certification would be in
13the best interests of a child, the department shall order that the certification be
14issued or renewed. The department shall promulgate rules to provide standards
15under which to review a petition under this paragraph.
AB591-ASA2,36,2016
(i) A county department shall keep confidential all information received under
17this subsection from the department of justice or the federal bureau of investigation,
18except that the county department may disclose any information obtained under this
19subsection to any other county department conducting an investigation under this
20subsection. Such information is not subject to inspection or copying under s. 19.35.
AB591-ASA2,36,2321
(j) A county department may charge a fee for conducting a background
22investigation under this subsection. The fee may not exceed the reasonable cost of
23conducting the investigation.
AB591-ASA2,37,20
148.981
(2) Persons required to report. A physician, coroner, medical
2examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
3mental health professional, social worker, marriage and family therapist,
4professional counselor, public assistance worker,
including a financial and
5employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or
6counselor, mediator under s. 767.11, child care worker in a day care center or child
7caring institution, day care provider, alcohol or other drug abuse counselor, member
8of the treatment staff employed by or working under contract with a county
9department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
10therapist, dietitian, speech-language pathologist, audiologist, emergency medical
11technician or police or law enforcement officer having reasonable cause to suspect
12that a child seen in the course of professional duties has been abused or neglected
13or having reason to believe that a child seen in the course of professional duties has
14been threatened with abuse or neglect and that abuse or neglect of the child will occur
15shall, except as provided under sub. (2m), report as provided in sub. (3). Any other
16person, including an attorney, having reason to suspect that a child has been abused
17or neglected or reason to believe that a child has been threatened with abuse or
18neglect and that abuse or neglect of the child will occur may make such a report. No
19person making a report under this subsection may be discharged from employment
20for so doing.
AB591-ASA2,37,2522
49.001
(9) "Wisconsin works agency" means a person under contract under s.
2349.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is
24awarded under s. 49.143, "Wisconsin works agency" means the department of
25industry, labor and job development.
AB591-ASA2,38,93
49.015
(2) Recipients of other aid. Except as provided in sub. (3), an
4individual is not eligible for relief for a month in which the individual has received
5aid to families with dependent children under s. 49.19 or supplemental security
6income under
42 USC 1381 to
1383c or
has participated in a Wisconsin works
7employment position under s. 49.147 (3) to (5) or in which aid to families with
8dependent children
or, supplemental security income benefits
are or a Wisconsin
9works employment position is immediately available to the individual.
AB591-ASA2,39,212
49.124
(1m) (a) The department shall administer an employment and training
13program for recipients under the food stamp program.
The department may contract
14with a Wisconsin works agency to administer the employment and training program
15under this section. Except as provided in par. (b), and to the extent permitted by
16federal law or waiver, the department may require able-bodied individuals who are
1718 to 64 years of age who are eligible for a Wisconsin works employment position
18under s. 49.147 (3) to (5) to participate in a Wisconsin works employment position,
19in lieu of the program under this section, as a condition of receiving food stamp
20benefits. Except as provided in par. (b), the department may require able-bodied
21individuals who are 18 to 64 years of age who are not eligible for a Wisconsin works
22employment position to participate in the employment and training program under
23this section. To the extent permitted by federal law or waiver, the department may
24distribute food stamp benefits on a pay-for-performance basis, as determined under
25par. (c). The maximum number of hours an individual may be required to work may
1not exceed the amount of food stamp benefits divided by the applicable federal
2minimum wage, or 40 hours per week, whichever is less.
AB591-ASA2,39,74
49.124
(1m) (b) The department may not require an individual who is a
5recipient under the food stamp program and who is the caretaker of a child who is
6under the age of 12 weeks to participate in any employment and training program
7under par. (a).
AB591-ASA2,39,109
49.124
(1m) (c) The amount of food stamp benefits paid to the recipient in a
10subsequent month shall be determined as follows:
AB591-ASA2,39,14
111. The department shall add the recipient's total number of hours of actual
12participation in the month to the total number of hours in a month for which the
13recipient had good cause, as defined by the department by rule, for not participating
14in required activities.
AB591-ASA2,39,17
152. The department shall subtract the total number of hours determined under
16subd. 1. from the recipient's total number of hours of required participation in that
17month.
AB591-ASA2,39,19
183. The department shall multiply the number of hours determined under subd.
192. by the federal minimum hourly wage under
29 USC 206 (a) (1).
AB591-ASA2,39,2220
4. The department shall subtract the dollar amount determined under subd.
213. from the amount of food stamp benefits that the recipient's family would have
22received if he or she had participated for the total number of assigned hours.
AB591-ASA2,40,5
149.124
(3) Deductions from income maintenance payments. The department
2shall withhold the value of food stamp losses for which a county, Wisconsin works
3agency or federally recognized American Indian tribe is liable under sub. (2) from the
4payment to the county, Wisconsin works agency or tribe under s. 20.445 (3) (dz) and
5(nL) and reimburse the federal government from the funds withheld.
AB591-ASA2,40,138
49.125
(1) The department, or a county
or
, an elected governing body of a
9federally recognized American Indian tribe or band
or a Wisconsin works agency 10acting on behalf of the department, may recover overpayments that arise from an
11overissuance of food coupons under the food stamp program administered under s.
1246.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in accordance with
7 USC
132022.
AB591-ASA2,40,16
1549.141 Wisconsin works; general provisions. (1) Definitions. As used in
16ss. 49.141 to 49.161:
AB591-ASA2,40,1817
(a) "Community service job" means a work component of Wisconsin works
18administered under s. 49.147 (4).
AB591-ASA2,40,2219
(b) "Custodial parent" means, with respect to a dependent child, a parent who
20resides with that child and, if there has been a determination of legal custody with
21respect to the dependent child, has legal custody of that child. For the purposes of
22this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).
AB591-ASA2,41,223
(c) "Dependent child" means a person who resides with a parent and who is
24under the age of 18 or, if the person is a full-time student at a secondary school or
1a vocational or technical equivalent and is reasonably expected to complete the
2program before attaining the age of 19, is under the age of 19.
AB591-ASA2,41,53
(d) "Financial and employment planner" means a caseworker employed by a
4Wisconsin works agency who provides financial or employment counseling services
5to a participant.
AB591-ASA2,41,66
(e) "Job access loan" means a loan administered under s. 49.147 (6).
AB591-ASA2,41,77
(f) "Migrant worker" has the meaning given in s. 103.90 (5).
AB591-ASA2,41,98
(g) "Minimum wage" means the state minimum hourly wage under ch. 104 or
9the federal minimum hourly wage under
29 USC 206 (a) (1), whichever is applicable.
AB591-ASA2,41,1110
(h) "Noncustodial parent" means, with respect to a dependent child, a parent
11who is not the custodial parent.
AB591-ASA2,41,1612
(i) "Nonmarital coparent" means, with respect to an individual and a
13dependent child, a parent who is not married to the individual, resides with the
14dependent child and is either an adjudicated parent or a parent who has signed and
15filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging
16paternity.
AB591-ASA2,41,1817
(j) "Parent" means either a biological parent, a person who has consented to the
18artificial insemination of his wife under s. 891.40, or a parent by adoption.
AB591-ASA2,41,2019
(k) "Participant" means an individual who participates in any component of the
20Wisconsin works program.
AB591-ASA2,41,2121
(L) "Strike" has the meaning provided in
29 USC 142 (2).
AB591-ASA2,41,2322
(m) "Transitional placement" means a work component of Wisconsin works
23administered under s. 49.147 (5).
AB591-ASA2,41,2524
(n) "Trial job" means a work component of Wisconsin works administered under
25s. 49.147 (3).
AB591-ASA2,42,2
1(p) "Wisconsin works" means the assistance program for families with
2dependent children, administered under ss. 49.141 to 49.161.
AB591-ASA2,42,43
(r) "Wisconsin works employment position" means any job or placement under
4s. 49.147 (3) to (5).
AB591-ASA2,42,125
(s) "Wisconsin works group" means an individual who is a custodial parent, all
6dependent children with respect to whom the individual is a custodial parent and all
7dependent children with respect to whom the individual's dependent child is a
8custodial parent. "Wisconsin works group" includes any nonmarital coparent or any
9spouse of the individual who resides in the same household as the individual and any
10dependent children with respect to whom the spouse or nonmarital coparent is a
11custodial parent. "Wisconsin works group" does not include any person who is
12receiving benefits under s. 49.027 (3) (b).
AB591-ASA2,42,22
13(2) Waivers; legislation. (a) If necessary, the department shall request a
14waiver from the secretaries of the federal department of health and human services,
15the federal department of agriculture and the federal social security administration
16or shall seek the passage of federal legislation to permit the department to conduct
17the Wisconsin works program in lieu of the aid to families with dependent children
18program under s. 49.19, the job opportunities and basic skills program under s.
1949.193, the parental responsibility pilot program under s. 49.25 and the
20work-not-welfare program under s. 49.27 and as part of the food stamp program
21under
7 USC 2011 to
2029 and the medical assistance program under
42 USC 1396 22to
1396u.
AB591-ASA2,43,623
(b) If a waiver is granted and in effect or legislation is enacted, and if the
24department determines that sufficient funds are available, the department may
25begin to implement the Wisconsin works program no sooner than July 1, 1996, for
1selected counties or groups determined by the department and shall implement the
2Wisconsin works program statewide for all groups no later than September 1, 1997.
3If a waiver is not granted and in effect or federal legislation is not enacted before
4March 30, 1997, the department shall implement the Wisconsin works program
5statewide for all groups no later than 3 months after the necessary waiver has been
6granted or federal legislation has been enacted.
AB591-ASA2,43,107
(d) Before implementing the Wisconsin works program, the department shall
8publish a notice in the Wisconsin Administrative Register that states the date on
9which the department will begin to implement the Wisconsin works program
10statewide.
AB591-ASA2,43,16
11(3) Applications. Any individual may apply for any component of Wisconsin
12works. Application for each component of Wisconsin works shall be made on a form
13prescribed by the department. The individual shall submit a completed application
14form to a Wisconsin works agency in the geographical area specified by the
15department under s. 49.143 (6) in which the individual lives and in the manner
16prescribed by the department.