Amendment ASA2-AB591

AB591-ASA2,73,12 (b) The county department under s. 46.215, 46.22 or 46.23 shall administer child care assistance under this section. In administering child care assistance under this section, the county department under s. 46.215, 46.22 or 46.23 shall do all of the following:

AB591-ASA2,73,13 1. Determine an individual's liability under sub. (5).

AB591-ASA2,73,15 2. Provide a voucher to an eligible individual for the payment of child care services provided by a child care provider.

AB591-ASA2,73,16 3. Set maximum reimbursement rates as provided under sub. (6) (b).

AB591-ASA2,73,17 4. Reimburse child care providers.

AB591-ASA2,73,18 5. Certify child care providers under s. 48.651.

AB591-ASA2,73,21 6. Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.

AB591-ASA2,73,25 (4) Choice of provider. An eligible individual shall choose whether the child care will be provided by a day care center licensed under s. 48.65, a Level I day care provider, a Level II day care provider or a day care program provided or contracted for by a school board under s. 120.13 (14).

AB591-ASA2,74,4 (5) Liability for payment. An individual who receives aid under this section is liable for a percentage of the cost of child care received, payable in accordance with a sliding scale formula established by the department that is based on the individual's ability to pay and the cost of the child care.

AB591-ASA2,74,10 (6) Child care rates and quality standards. (a) The department shall establish the maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for child care services provided under this section. The department shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in each county or in a multicounty area determined by the department can be purchased at or below that maximum rate.

AB591-ASA2,74,14 (b) The department shall set a maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level I day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).

AB591-ASA2,74,18 (c) The department shall set a maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level II day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).

AB591-ASA2,74,21 (d) The department may establish a system of rates for child care programs that exceed the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 (1) (a).

AB591-ASA2,74,25 (7) Refusal to pay child care providers. The department or the county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under this section if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:

AB591-ASA2,75,3 (a) The person has been convicted of a felony or misdemeanor that the department or county department determines substantially relates to the care of children.

AB591-ASA2,75,5 (b) The person is the subject of a pending criminal charge that the department or county department determines substantially relates to the care of children.

AB591-ASA2,75,7 (c) The person has been determined under s. 48.981 to have abused or neglected a child.

AB591-ASA2, s. 95 Section 95. 49.157 of the statutes is created to read:

AB591-ASA2,75,11 49.157 Wisconsin works; transportation costs. (1) Assistance. In accordance with rules promulgated by the department, a Wisconsin works agency may grant financial assistance to a participant for transportation costs.

AB591-ASA2,75,14 (2) Distribution of funds. The department shall distribute to the Wisconsin works agencies the funds allocated under s. 49.181 (1) (h) for transportation assistance provided under sub. (1).

AB591-ASA2, s. 96 Section 96. 49.159 of the statutes is created to read:

AB591-ASA2,75,23 49.159 Wisconsin works; noncustodial and minor and other custodial parents. (1) Noncustodial parents. An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child, is eligible for services under this subsection if the dependent child's custodial parent is a participant and if the individual pays child support pursuant to a court order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment.

AB591-ASA2,76,6 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, community resources, eligibility for food stamps and other food and nutrition programs.

AB591-ASA2,76,10 (3) Other custodial parents. A custodial parent in a Wisconsin works group in which the other custodial parent is a participant in a Wisconsin works employment position is eligible for employment training and job search assistance services provided by the Wisconsin works agency.

AB591-ASA2, s. 97 Section 97. 49.161 of the statutes is created to read:

AB591-ASA2,76,19 49.161 Wisconsin works; overpayments. (1) Trial jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives or has received benefits paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may include the value of work performed by the individual in a trial job if the person was ineligible to receive the benefit at the time it was paid. The department shall promulgate rules establishing policies and procedures for administrating this subsection.

AB591-ASA2,76,24 (2) Community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) and (c) by reducing the amount of the individual's benefit payment by no more than 10%.

AB591-ASA2,77,6 (3) Overpayments caused by intentional program violations. If an overpayment under sub. (1) or (2) is the result of an intentional violation of ss. 49.141 to 49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under s. 49.148 (1) (a), (b) or (c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:

AB591-ASA2,77,8 (a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.

AB591-ASA2,77,10 (b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.

AB591-ASA2,77,12 (c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.

AB591-ASA2,77,14 (d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.

AB591-ASA2, s. 98 Section 98. 49.181 of the statutes is created to read:

AB591-ASA2,77,22 49.181 Public assistance and local assistance funding. (1) Funds distribution. Except as provided in subs. (2) and (3), within the limits of the appropriation under s. 20.435 (4) (dz), the department shall allocate amounts under this subsection. In this subsection, references to "1993 stats." are as affected by the acts of 1995 that are enacted prior to the effective date of this subsection .... [revisor inserts date]. The department shall allocate the following amounts for the following purposes:

AB591-ASA2,78,4 (a) Child care for recipients and former recipients of aid to families with dependent children. For child care services under s. 49.50 (6g) and for child care services and related transportation costs under s. 49.50 (6e) and (6k) (b), the department shall allocate $4,713,000 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriations under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $5,687,400 in fiscal year 1996-97.

AB591-ASA2,78,9 (b) Low-income and at-risk child care. For low-income and at-risk child care services under s. 46.98 (2m) to (4), the department shall allocate $5,576,100 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (7) (b) for the purposes specified under this paragraph, and $5,576,100 in fiscal year 1996-97.

AB591-ASA2,78,17 (c) Income maintenance payments to individuals. For income maintenance payments to individuals under s. 49.52 and for foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, the department shall allocate $141,277,600 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (d), 1993 stats., for the purposes specified under this paragraph, and $122,684,200 in fiscal year 1996-97.

AB591-ASA2,78,24 (cm) Foster, treatment foster and kinship care. For foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, and for kinship care under s. 48.57 (3m), including assessments under s. 48.57 (3m) (a) 3. and background investigations under s. 48.57 (3m) (a) 4., the department shall allocate $10,284,500 in fiscal year 1996-97.

AB591-ASA2,79,9 (d) Public assistance administration and medical assistance eligibility determination. For payment distribution under s. 49.52 (1) for county administration of public assistance benefits and medical assistance eligibility determination, for payments to American Indian tribes for administration of public assistance benefits, and for fraud investigation and error reduction under s. 49.197 (1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96, less any amount encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (de), 1993 stats., for the purposes specified under this paragraph, and $28,864,400 in fiscal year 1996-97.

AB591-ASA2,79,14 (e) Emergency assistance for families with needy children. For emergency assistance for families with needy children under s. 49.19 (11) (b), the department shall allocate $1,659,700 in fiscal year 1995-96, less any amount encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (dc), 1993 stats., for the purpose specified under this paragraph, and $1,659,700 in fiscal year 1996-97.

AB591-ASA2,79,23 (f) Learnfare; job opportunities and basic skills program; food stamp employment and training; parental responsibility pilot program. For the learnfare program under s. 49.50 (7), the job opportunities and basic skills program under s. 49.193, the food stamp employment and training project under s. 49.124 and the parental responsibility pilot program under s. 49.25, the department shall allocate $25,045,800 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriations under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $26,447,100 in fiscal year 1996-97.

AB591-ASA2,80,3 (g) Learnfare case management. For case management for learnfare pupils under s. 46.62, the department shall allocate $1,289,300 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (dg), 1993 stats., for the purpose specified under this paragraph, and $1,309,500 in fiscal year 1996-97.

AB591-ASA2,80,11 (h) Wisconsin works administration. For payments to Wisconsin works agencies under s. 49.143 for administration of Wisconsin works benefits under ss. 49.141 to 49.151 and 49.155 to 49.161, for Wisconsin works health care coverage eligibility determination under s. 49.153 and for fraud investigation and error reduction under s. 49.197 (1m) and (4) and for payments to individuals under s. 49.148 for Wisconsin works employment positions and under ss. 49.155 and 49.157 for child care and related transportation services, the department shall allocate $0 for fiscal year 1996-97.

AB591-ASA2,80,14 (2) Transfer of funds. The department may use up to 30% of the amounts required to be allocated under any paragraph under sub. (1) for any other purpose described under sub. (1) (a) to (g) in each fiscal year.

AB591-ASA2,80,18 (3) Carry-over funds. The department may carry over any unexpended funds allocated under any paragraph under sub. (1) from the previous fiscal year to the following fiscal year within the same biennium to be allocated under any paragraph under sub. (1).

AB591-ASA2, s. 99 Section 99. 49.181 (1) (intro.), (a), (c), (d), (f) and (g) and (2) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:

AB591-ASA2,81,2 49.181 (1) Funds distribution. (intro.) Except as provided in subs. (2) and (3), within the limits of the appropriation under s. 20.435 (4) 20.445 (3) (dz), the department shall allocate amounts under this subsection. In this subsection, references to "1993 stats." are as affected by the acts of 1995 that are enacted prior to the effective date of this subsection .... [revisor inserts date]. The department shall allocate the following amounts for the following purposes:

AB591-ASA2,81,9 (a) Child care for recipients and former recipients of aid to families with dependent children. For child care services under s. 49.50 (6g) 49.191 (2) and for child care services and related transportation costs under s. 49.50 (6e) 49.191 (1) and (6k) (3) (b), the department shall allocate $4,713,000 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriations under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $5,687,400 in fiscal year 1996-97.

AB591-ASA2,81,17 (c) Income maintenance payments to individuals. For income maintenance payments to individuals under s. 49.52 and for foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62 49.33, the department shall allocate $141,277,600 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (d), 1993 stats., for the purposes specified under this paragraph, and $132,968,700 $122,684,200 in fiscal year 1996-97.

AB591-ASA2,82,2 (d) Public assistance administration and medical assistance eligibility determination. For payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination, for payments to American Indian tribes for administration of public assistance benefits, and for fraud investigation and error reduction under s. 49.197 (1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (de), 1993 stats., for the purposes specified under this paragraph and $28,864,400 in fiscal year 1996-97.

AB591-ASA2,82,11 (f) Learnfare; job opportunities and basic skills program; food stamp employment and training; parental responsibility pilot program. For the learnfare program under s. 49.50 (7) 49.26 (1), the job opportunities and basic skills program under s. 49.193, the food stamp employment and training project under s. 49.124 and the parental responsibility pilot program under s. 49.25, the department shall allocate $25,045,800 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $26,447,100 in fiscal year 1996-97.

AB591-ASA2,82,16 (g) Learnfare case management. For case management for learnfare pupils under s. 46.62 49.26 (2), the department shall allocate $1,289,300 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (dg), 1993 stats., for the purpose specified under this paragraph, and $1,309,500 in fiscal year 1996-97.

AB591-ASA2,82,19 (2) Transfer of funds. The department may use up to 30% of the amounts required to be allocated under any paragraph under sub. (1) for any other purpose described under sub. (1) (a) to (g) (h) in each fiscal year.

AB591-ASA2, s. 100 Section 100. 49.19 (4e) (a) of the statutes is amended to read:

AB591-ASA2,83,2 49.19 (4e) (a) Except as provided in par. (b), if If a person applying for aid is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home or other supportive living arrangement supervised by an adult.

AB591-ASA2, s. 101 Section 101. 49.19 (4e) (c) of the statutes is created to read:

AB591-ASA2,83,8 49.19 (4e) (c) The department shall request a waiver from the secretary of the federal department of health and human services to require, without exception, that a person applying for aid who is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care meet the requirements of par. (a). If a waiver is granted and in effect, par. (b) does not apply.

AB591-ASA2, s. 102 Section 102. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

AB591-ASA2,83,15 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.435 (4) (d) (dz) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB591-ASA2, s. 103 Section 103. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Acts 12, 27 and .... (this act), is repealed and recreated to read:

AB591-ASA2,83,22 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (dz) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB591-ASA2, s. 104 Section 104. 49.19 (20) of the statutes is renumbered 49.19 (20) (a) and amended to read:

AB591-ASA2,84,7 49.19 (20) (a) After December 31, 1998, Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than the enactment of this subsection paragraph, is required to be given under sub. (13) to recipients of aid under this section to terminate their benefits under this subsection paragraph.

AB591-ASA2, s. 105 Section 105. 49.19 (20) (b) of the statutes is created to read:

AB591-ASA2,84,12 49.19 (20) (b) 1. The department shall request a waiver from the secretary of the federal department of health and human services to allow the application of subd. 2. Subdivision 2. does not apply unless a waiver under this subdivision is granted and in effect.

AB591-ASA2,84,13 2. Notwithstanding par. (a):

AB591-ASA2,84,17 a. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on July 1, 1996, no aid under this section may be paid to the nonlegally responsible relative after June 30, 1997, or the first reinvestigation under sub. (5) (e) occurring after June 30, 1996, whichever is earlier.

AB591-ASA2,84,20 b. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on July 1, 1996, no aid under this section may be paid to the nonlegally responsible relative after June 30, 1996.

AB591-ASA2, s. 106 Section 106. 49.191 (1) of the statutes, as affected by 1995 Wisconsin Act 27, sections 3089c, 3090 and 3092, is repealed and recreated to read:

AB591-ASA2,85,6 49.191 (1) Child care funds for certain recipients of aid to families with dependent children. Within the limits of funds available under ss. 20.435 (3) (jg) and 20.445 (3) (dz) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB591-ASA2, s. 107 Section 107. 49.191 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 3093c, is amended to read:

AB591-ASA2,85,22 49.191 (2) Child care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under s. 46.98 (4) (d), (dg) or (dm), whichever is applicable, or, if a higher rate is established under s. 46.98 (4) (e) and if the child care services meet the quality standards established under s. 46.98 (4) (e), the rates for child care services under this subsection that meet those standards shall be determined under s. 46.98 (4) (e). The department shall promulgate rules for the disbursement of funds under this subsection. This subsection does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB591-ASA2, s. 108 Section 108. 49.191 (3) (a) and (b) of the statutes, as affected by 1995 Wisconsin Act 27, are repealed and recreated to read:

AB591-ASA2,86,6 49.191 (3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall administer the funds appropriated for the purpose of providing child care under subs. (1) and (2) for recipients and former recipients of aid under s. 49.19 and under s. 49.26 (1) (e) for participants in the learnfare program. The department shall allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the purposes of this paragraph.

AB591-ASA2,86,11 (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under sub. (1) or s. 49.193 (8) using funds allocated under par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.

AB591-ASA2, s. 109 Section 109. 49.193 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

AB591-ASA2,86,21 49.193 (2) (a) The Except as provided in par. (am), the department shall ensure that all persons required under 42 USC 602 (a) (19) and 42 USC 681 to 687 to participate in a job opportunities and basic skills training program participate in the program under this section. In addition, the department shall require a parent or other caretaker relative of a child who is at least one year of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation in the program for a reason other than being a parent or other caretaker of a child under 3 years of age.

AB591-ASA2, s. 110 Section 110. 49.193 (2) (am) of the statutes is created to read:

AB591-ASA2,87,2 49.193 (2) (am) 1. The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of subd. 2. If a waiver is granted and in effect, the department shall implement subd. 2. no later than the first day of the 2nd month beginning after the waiver is approved.

AB591-ASA2,87,7 2. If a waiver is granted and in effect, the department shall require a parent or other caretaker relative of a child who is at least 12 weeks of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation for a reason other than being a parent or other caretaker of a child under 3 years of age.

AB591-ASA2, s. 111 Section 111. 49.193 (4) (g) of the statutes is amended to read:

AB591-ASA2,87,10 49.193 (4) (g) Work supplementation, as described in 45 CFR 250.62, in which participation is voluntary mandatory.

AB591-ASA2, s. 112 Section 112. 49.193 (4) (j) 4. of the statutes is repealed.

AB591-ASA2, s. 113 Section 113. 49.193 (4) (k) 1m. of the statutes is created to read:

AB591-ASA2,87,14 49.193 (4) (k) 1m. Alcohol and other drug abuse prevention, assessment and treatment programs.

AB591-ASA2, s. 114 Section 114. 49.193 (4m) of the statutes is created to read:

AB591-ASA2,87,19 49.193 (4m) Alcohol and other drug abuse prevention and treatment program. The department may require participation in an alcohol and other drug abuse assessment, prevention and treatment program to fulfill employment and training requirements described in this section.

AB591-ASA2, s. 115 Section 115. 49.193 (6) (c) of the statutes is amended to read:

AB591-ASA2,88,2 49.193 (6) (c) No Except as provided in par. (e), no person may be required to work more than 32 hours per week in a community work experience component. No person may be required to work more than 16 weeks in a component under this subsection during a 12-month period, except that a person who is eligible for aid under s. 49.19 (4) (dm) may be required to work for more than 16 weeks in a component under this subsection in order to comply with 45 CFR 250.33.