Amendment ASA2-AB591

AB591-ASA2,33,12 2. The county department, with the assistance of the department of justice, shall conduct a background investigation of each employe, prospective employe and adult resident of a person who, on the effective date of this subdivision .... [revisor inserts date], is certified under this section or who, on the effective date of this subdivision .... [revisor inserts date], has an application for certification pending, within 6 months after that date or on the person's application for renewal, whichever is earlier.

AB591-ASA2,33,17 3. Subject to subd. 2., the county department may, at the time of renewal of the certification of a day care provider certified under this section or at any other time that the county department considers to be appropriate, conduct, with the assistance of the department of justice, a background investigation of any employe, prospective employe or adult resident of the day care provider.

AB591-ASA2,33,22 4. Before a day care provider that is certified under this section may employ any person or permit any person to be an adult resident, the county department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 3.

AB591-ASA2,34,7 (d) If the person being investigated under par. (b) or (c) is a nonresident, or if at any time within the 5 years preceding the date of the investigation that person has been a nonresident, or if the county department determines that the person's employment, certification or state court records provide a reasonable basis for further investigation, the county department shall require the person to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrest and conviction.

AB591-ASA2,34,9 (e) Upon request, a person being investigated under par. (b) or (c) shall provide the county department with all of the following information:

AB591-ASA2,34,10 1. The person's name.

AB591-ASA2,34,11 2. The person's social security number.

AB591-ASA2,34,13 3. Other identifying information, including the person's birthdate, gender, race and any identifying physical characteristics.

AB591-ASA2,34,17 4. Information regarding the conviction record of the person under the law of this state or any other state or under federal law. This information shall be provided on a notarized background verification form that the department shall provide by rule promulgated under s. 48.67.

AB591-ASA2,34,25 (f) 1. A county department may not certify a person as a day care provider under this section until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. A county department may certify a person as a day care provider under this section conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA2,35,10 2. A day care provider that is certified under this section may not employ a person or permit a person to be an adult resident until the county department receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises the day care provider. A day care provider that is certified under this section may employ a person or permit a person to be an adult resident conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

AB591-ASA2,35,14 (g) Subject to par. (h), a county department may not certify a person to be a day care provider under this section and a day care provider certified under this section may not employ a person or permit a person to be an adult resident if any of the following applies:

AB591-ASA2,35,17 1. The person has been convicted of a violation of ch. 161 that is punishable as a felony or of a violation of the law of any other state or federal law that would be a violation of ch. 161 that is punishable as a felony if committed in this state.

AB591-ASA2,35,22 2. The person has had imposed on him or her a penalty specified in s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

AB591-ASA2,36,8 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of the law of any other state or federal law that would be a violation of ch. 940, 944 or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if committed in this state, except that the county department may certify a person to be a day care provider under this section and a day care provider certified under this section may employ or permit to be an adult resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other state or federal law that would be a violation of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20 years or more before the date of the investigation.

AB591-ASA2,36,15 (h) Notwithstanding par. (g), a person whose application for initial certification or renewal of a certification under this section has been denied on one of the grounds specified in par. (g) 1. to 3. may petition the department for a review of that denial. If the department determines that issuing or renewing the certification would be in the best interests of a child, the department shall order that the certification be issued or renewed. The department shall promulgate rules to provide standards under which to review a petition under this paragraph.

AB591-ASA2,36,20 (i) A county department shall keep confidential all information received under this subsection from the department of justice or the federal bureau of investigation, except that the county department may disclose any information obtained under this subsection to any other county department conducting an investigation under this subsection. Such information is not subject to inspection or copying under s. 19.35.

AB591-ASA2,36,23 (j) A county department may charge a fee for conducting a background investigation under this subsection. The fee may not exceed the reasonable cost of conducting the investigation.

AB591-ASA2, s. 76 Section 76. 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443, is amended to read:

AB591-ASA2,37,20 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. No person making a report under this subsection may be discharged from employment for so doing.

AB591-ASA2, s. 77 Section 77. 49.001 (9) of the statutes is created to read:

AB591-ASA2,37,25 49.001 (9) "Wisconsin works agency" means a person under contract under s. 49.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works agency" means the department of industry, labor and job development.

AB591-ASA2, s. 78 Section 78. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,38,9 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or has participated in a Wisconsin works employment position under s. 49.147 (3) to (5) or in which aid to families with dependent children or, supplemental security income benefits are or a Wisconsin works employment position is immediately available to the individual.

AB591-ASA2, s. 79 Section 79. 49.124 (1m) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.124 (1m) (a) and amended to read:

AB591-ASA2,39,2 49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section. Except as provided in par. (b), and to the extent permitted by federal law or waiver, the department may require able-bodied individuals who are 18 to 64 years of age who are eligible for a Wisconsin works employment position under s. 49.147 (3) to (5) to participate in a Wisconsin works employment position, in lieu of the program under this section, as a condition of receiving food stamp benefits. Except as provided in par. (b), the department may require able-bodied individuals who are 18 to 64 years of age who are not eligible for a Wisconsin works employment position to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed the amount of food stamp benefits divided by the applicable federal minimum wage, or 40 hours per week, whichever is less.

AB591-ASA2, s. 80 Section 80. 49.124 (1m) (b) of the statutes is created to read:

AB591-ASA2,39,7 49.124 (1m) (b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a).

AB591-ASA2, s. 81 Section 81. 49.124 (1m) (c) of the statutes is created to read:

AB591-ASA2,39,10 49.124 (1m) (c) The amount of food stamp benefits paid to the recipient in a subsequent month shall be determined as follows:

AB591-ASA2,39,14 1. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.

AB591-ASA2,39,17 2. The department shall subtract the total number of hours determined under subd. 1. from the recipient's total number of hours of required participation in that month.

AB591-ASA2,39,19 3. The department shall multiply the number of hours determined under subd. 2. by the federal minimum hourly wage under 29 USC 206 (a) (1).

AB591-ASA2,39,22 4. The department shall subtract the dollar amount determined under subd. 3. from the amount of food stamp benefits that the recipient's family would have received if he or she had participated for the total number of assigned hours.

AB591-ASA2, s. 82 Section 82. 49.124 (3) of the statutes, as affected by 1995 Wisconsin Act 27, sections 2792 and 3141, is repealed and recreated to read:

AB591-ASA2,40,5 49.124 (3) Deductions from income maintenance payments. The department shall withhold the value of food stamp losses for which a county, Wisconsin works agency or federally recognized American Indian tribe is liable under sub. (2) from the payment to the county, Wisconsin works agency or tribe under s. 20.445 (3) (dz) and (nL) and reimburse the federal government from the funds withheld.

AB591-ASA2, s. 83 Section 83. 49.125 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,40,13 49.125 (1) The department, or a county or , an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in accordance with 7 USC 2022.

AB591-ASA2, s. 84 Section 84. 49.141 of the statutes is created to read:

AB591-ASA2,40,16 49.141 Wisconsin works; general provisions. (1) Definitions. As used in ss. 49.141 to 49.161:

AB591-ASA2,40,18 (a) "Community service job" means a work component of Wisconsin works administered under s. 49.147 (4).

AB591-ASA2,40,22 (b) "Custodial parent" means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).

AB591-ASA2,41,2 (c) "Dependent child" means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.

AB591-ASA2,41,5 (d) "Financial and employment planner" means a caseworker employed by a Wisconsin works agency who provides financial or employment counseling services to a participant.

AB591-ASA2,41,6 (e) "Job access loan" means a loan administered under s. 49.147 (6).

AB591-ASA2,41,7 (f) "Migrant worker" has the meaning given in s. 103.90 (5).

AB591-ASA2,41,9 (g) "Minimum wage" means the state minimum hourly wage under ch. 104 or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.

AB591-ASA2,41,11 (h) "Noncustodial parent" means, with respect to a dependent child, a parent who is not the custodial parent.

AB591-ASA2,41,16 (i) "Nonmarital coparent" means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.

AB591-ASA2,41,18 (j) "Parent" means either a biological parent, a person who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption.

AB591-ASA2,41,20 (k) "Participant" means an individual who participates in any component of the Wisconsin works program.

AB591-ASA2,41,21 (L) "Strike" has the meaning provided in 29 USC 142 (2).

AB591-ASA2,41,23 (m) "Transitional placement" means a work component of Wisconsin works administered under s. 49.147 (5).

AB591-ASA2,41,25 (n) "Trial job" means a work component of Wisconsin works administered under s. 49.147 (3).

AB591-ASA2,42,2 (p) "Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.

AB591-ASA2,42,4 (r) "Wisconsin works employment position" means any job or placement under s. 49.147 (3) to (5).

AB591-ASA2,42,12 (s) "Wisconsin works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin works group" does not include any person who is receiving benefits under s. 49.027 (3) (b).

AB591-ASA2,42,22 (2) Waivers; legislation. (a) If necessary, the department shall request a waiver from the secretaries of the federal department of health and human services, the federal department of agriculture and the federal social security administration or shall seek the passage of federal legislation to permit the department to conduct the Wisconsin works program in lieu of the aid to families with dependent children program under s. 49.19, the job opportunities and basic skills program under s. 49.193, the parental responsibility pilot program under s. 49.25 and the work-not-welfare program under s. 49.27 and as part of the food stamp program under 7 USC 2011 to 2029 and the medical assistance program under 42 USC 1396 to 1396u.

AB591-ASA2,43,6 (b) If a waiver is granted and in effect or legislation is enacted, and if the department determines that sufficient funds are available, the department may begin to implement the Wisconsin works program no sooner than July 1, 1996, for selected counties or groups determined by the department and shall implement the Wisconsin works program statewide for all groups no later than September 1, 1997. If a waiver is not granted and in effect or federal legislation is not enacted before March 30, 1997, the department shall implement the Wisconsin works program statewide for all groups no later than 3 months after the necessary waiver has been granted or federal legislation has been enacted.

AB591-ASA2,43,10 (d) Before implementing the Wisconsin works program, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the department will begin to implement the Wisconsin works program statewide.

AB591-ASA2,43,16 (3) Applications. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under s. 49.143 (6) in which the individual lives and in the manner prescribed by the department.

AB591-ASA2,43,19 (4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.

AB591-ASA2,43,21 (5) Nonsupplant. No Wisconsin works employment position may be operated so as to do any of the following:

AB591-ASA2,43,24 (a) Have the effect of filling a vacancy created by an employer terminating a regular employe or otherwise reducing its work force for the purpose of hiring an individual under s. 49.147 (3), (4) or (5).

AB591-ASA2,44,2 (b) Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.

AB591-ASA2,44,4 (c) Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.

AB591-ASA2, s. 85 Section 85. 49.143 of the statutes is created to read:

AB591-ASA2,44,12 49.143 Wisconsin works; agency contracts. (1) Awarding contracts. (a) Except as provided in par. (am), the department may contract with any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department may award a contract under this section on the basis of a competitive process approved by the secretary of administration, or, if the secretary of administration determines that it is in the best interest of the state to do so, on the basis of a noncompetitive process.

AB591-ASA2,44,17 (am) The department may contract with a county department under s. 46.215, 46.22 or 46.23 or with a tribal governing body to administer Wisconsin works in that county or on that tax-free land if the county department or tribal governing body has met the aid to families with dependent children caseload performance standards established by the department and has submitted an acceptable proposal.

AB591-ASA2,44,24 (b) If no acceptable provider in a geographical area is selected under par. (a) or (am), the department may administer Wisconsin works directly in that geographical area, or, for a period of up to 12 months succeeding the statewide implementation of Wisconsin works, may require the county or counties that comprise that geographical area to administer Wisconsin works. A county that is required under this paragraph to administer Wisconsin works may contract with any person without competitive bidding or competitive sealed proposals to administer Wisconsin works.

AB591-ASA2,45,3 (2) Contract requirements. Each contract under sub. (1) shall contain performance-based incentives established by the department. The contract shall require a Wisconsin works agency to do all of the following:

AB591-ASA2,45,16 (a) Establish a community steering committee. The Wisconsin works agency shall recommend the members of the committee to the chief executive officer of each county served by the Wisconsin works agency. The chief executive officer of each county shall appoint the members of the committee. The number of members that each chief executive officer appoints to the committee shall be in proportion to the population of that officer's county relative to the population of each other county served by the Wisconsin works agency, except that the chief executive officer of a county that is not a Wisconsin works agency shall appoint the director of the county department under s. 46.215, 46.22 or 46.23, or his or her designee, and one other representative of the county department under s. 46.215, 46.22 or 46.23. The committee shall consist of at least 12 members, but not more than 15 members. The members of the committee shall appoint a chairperson who shall be a person who represents business interests. The committee shall do all of the following:

AB591-ASA2,45,18 1. Advise the Wisconsin works agency concerning employment and training activities.

AB591-ASA2,45,20 2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial jobs or community service jobs.

AB591-ASA2,45,22 3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial jobs or community service jobs.

AB591-ASA2,45,24 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial jobs or community service jobs.

AB591-ASA2,46,2 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial jobs or community service jobs.

AB591-ASA2,46,6 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial jobs or community service jobs.

AB591-ASA2,46,8 7. Coordinate with the governor's council on workforce excellence under s. 106.115 to ensure compatibility of purpose and no duplication of effort.

AB591-ASA2,46,11 8. Work with participants, employers, child care providers and the community to identify child care needs, improve access to child care and expand availability of child care.

AB591-ASA2,46,17 (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06; and child care programs.

AB591-ASA2,46,23 (c) Employ at least one financial and employment planner. The financial and employment planner shall work with a participant to facilitate the participant's achievement of the maximum degree of self-sufficiency. The department shall ensure that a financial and employment planner employed by a Wisconsin works agency meets certification and training requirements established by the department by rule and that appropriate training is provided by a Wisconsin works agency.

AB591-ASA2,47,3 (cg) Employ staff, if necessary, to meet the needs of participants who are refugees and who have cultural or linguistic barriers to participation in Wisconsin works.

AB591-ASA2,47,8 (cm) If a significant proportion of the population served by the Wisconsin works agency is comprised of a refugee group, employ staff that is proficient in the language of the refugee group to aid the financial and employment planner in locating appropriate employment opportunities that do not require English proficiency for participants who are members of that refugee group.

AB591-ASA2,47,14 (d) If the Wisconsin works agency is not a county department under s. 46.215, 46.22 or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works, the food stamp program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.

AB591-ASA2,47,19 (e) Certify eligibility for and issue food coupons in conformity with 7 USC 2011 to 2029. If the Wisconsin works agency is not a county department under s. 46.215, 46.22 or 46.23 or tribal governing body, the agency shall certify eligibility for and issue food coupons only if the county department or tribal governing body has elected not to certify eligibility for and issue food coupons.

AB591-ASA2,47,22 (em) Determine eligibility for child care assistance under s. 49.155 and refer eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care services.

AB591-ASA2,47,24 (f) Perform any other tasks specified by the department in the contract that the department determines are necessary for the administration of Wisconsin works.

AB591-ASA2,48,4 (3) Performance standards. The department shall establish performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold any or all payment from the Wisconsin works agency.