AB591-ASA3,36,1815 (b) 1. After receipt of an application for a license to operate a day care center
16or a referral from a school board under s. 120.13 (14), the department of health and
17family services, with the assistance of the department of justice, shall conduct a
18background investigation of the applicant or person referred.
AB591-ASA3,37,219 2. The department of health and family services, with the assistance of the
20department of justice, shall conduct a background investigation of any person who,
21on the effective date of this subdivision .... [revisor inserts date], is a day care provider
22licensed under this section or contracted for under s. 120.13 (14) or who, on the
23effective date of this subdivision .... [revisor inserts date], has an application for
24licensure or a contract offer pending, within 6 months after the effective date of this

1subdivision .... [revisor inserts date], or on the person's application for license or
2contract renewal, whichever is earlier.
AB591-ASA3,37,73 3. Subject to subd. 2., the department of health and family services may, at the
4time of renewal of the license or contract of a day care provider licensed under this
5section or contracted for under s. 120.13 (14), or at any other time that the
6department considers to be appropriate, conduct, with the assistance of the
7department of justice, a background investigation of that day care provider.
AB591-ASA3,37,148 (c) 1. After receipt of an application for a license to operate a day care center
9or a referral from a school board under s. 120.13 (14), the department of health and
10family services, with the assistance of the department of justice, shall, in addition
11to the investigation under par. (b), conduct a background investigation of each
12employe and prospective employe of the applicant or person referred who has or
13would have regular contact with a child receiving care from the applicant or person
14referred and of each adult resident.
AB591-ASA3,37,2415 2. The department of health and family services, with the assistance of the
16department of justice, shall conduct a background investigation of each adult
17resident of a person who, on the effective date of this subdivision .... [revisor inserts
18date], is licensed under this section or contracted for under s. 120.13 (14) or who, on
19the effective date of this subdivision .... [revisor inserts date], has an application for
20licensure or a contract offer pending, within 6 months after that date or on the
21person's application for license or contract renewal, whichever is earlier, and shall
22conduct a background investigation of each employe and prospective employe of that
23person who has or would have regular contact with any child receiving care from that
24person.
AB591-ASA3,38,7
13. Subject to subd. 2., the department of health and family services may, at the
2time of renewal of the license or contract of a day care provider licensed under this
3section or contracted for under s. 120.13 (14) or at any other time that the department
4considers to be appropriate, conduct, with the assistance of the department of justice,
5a background investigation of any employe or prospective employe of the day care
6provider who has or would have regular contact with any child receiving day care
7from the day care provider or of any adult resident of the day care provider.
AB591-ASA3,38,158 4. Except as provided in par. (f) 2., before a day care provider that is licensed
9under this section or contracted for under s. 120.13 (14) may employ any person in
10a position in which that person would have regular contact with a child receiving care
11from the day care provider or permit any person to be an adult resident, the
12department of health and family services, with the assistance of the department of
13justice, shall conduct a background investigation of the prospective employe or
14prospective adult resident unless that person has already been investigated under
15subd. 1., 2. or 3.
AB591-ASA3,38,2516 (d) If the person being investigated under par. (b) or (c) is a nonresident, or if
17at any time within the 5 years preceding the date of the investigation that person has
18been a nonresident, or if the department of health and family services determines
19that the person's employment, certification or state court records provide a
20reasonable basis for further investigation, the department shall require the person
21to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
22set of the person's fingerprints. The department of justice may provide for the
23submission of the fingerprint cards to the federal bureau of investigation for the
24purposes of verifying the identity of the person fingerprinted and obtaining records
25of his or her criminal arrest and conviction.
AB591-ASA3,39,2
1(e) Upon request, a person being investigated under par. (b) or (c) shall provide
2the department of health and family services with all of the following information:
AB591-ASA3,39,33 1. The person's name.
AB591-ASA3,39,44 2. The person's social security number.
AB591-ASA3,39,65 3. Other identifying information, including the person's birthdate, gender, race
6and any identifying physical characteristics.
AB591-ASA3,39,107 4. Information regarding the conviction record of the person under the law of
8this state or any other state or under federal law. This information shall be provided
9on a notarized background verification form that the department shall provide by
10rule promulgated under s. 48.67.
AB591-ASA3,39,2311 (f) 1. The department of health and family services may not license a person
12as a day care provider under this section and a school board may not contract with
13a person under s. 120.13 (14) until the department or school board receives
14information from the department of justice indicating that the person's conviction
15record under the law of this state is satisfactory according to the criteria specified in
16par. (g) 1. to 3. The department of health and family services may license a person
17as a day care provider under this section and a school board may contract with a
18person under s. 120.13 (14) conditioned on the receipt of information from the federal
19bureau of investigation indicating that the person's conviction record under the law
20of any other state or under federal law is satisfactory according to the criteria
21specified in par. (g) 1. to 3. The department of health and family services may issue
22a probationary license and a school board may enter into a provisional contract
23pending receipt of the information required under this subdivision.
AB591-ASA3,40,2424 2. A day care provider that is licensed under this section or contracted for under
25s. 120.13 (14) may not employ a person in a position in which that person would have

1regular contact with a child receiving care from the day care provider or permit a
2person to be an adult resident until the department of health and family services or
3school board receives information from the department of justice indicating that the
4person's conviction record under the law of this state is satisfactory according to the
5criteria specified in par. (g) 1. to 3. and the department of health and family services
6or school board so advises the day care provider. A day care provider that is licensed
7under this section or contracted for under s. 120.13 (14) may employ a person or
8permit a person to be an adult resident conditioned on the receipt of information from
9the federal bureau of investigation indicating that the person's conviction record
10under the law of any other state or under federal law is satisfactory according to the
11criteria specified in par. (g) 1. to 3. A day care provider that is licensed under this
12section or contracted for under s. 120.13 (14) may provisionally employ a person in
13a position in which that person would have regular contact with a child receiving care
14from the day care provider or provisionally permit a person to be an adult resident
15if the day care provider states to the department of health and family services or
16school board that the employe or adult resident does not have any arrests or
17convictions that could adversely affect the child or the ability of the day care provider
18to care for the child. A day care provider may not finally employ a person in a position
19in which that person would have regular contact with the child for whom that
20provider is providing care unless the department of health and family services or
21school board receives information from the department of justice indicating that the
22person's conviction record under the laws of this states is satisfactory according to
23the criteria specified in par. (g) 1. to 3. and the department of health and family
24services or school board so advises the day care provider.
AB591-ASA3,41,7
1(g) Subject to par. (h), the department of health and family services may not
2license a person to be a day care provider under this section, a school board may not
3contract with a person under s. 120.13 (14) and a day care provider licensed under
4this section or contracted with under s. 120.13 (14) may not employ a person in a
5position in which that person would have regular contact with a child receiving care
6from the day care provider or permit a person to be an adult resident if any of the
7following applies:
AB591-ASA3,41,108 1. The person has been convicted of a violation of ch. 161 that is punishable as
9a felony or of a violation of the law of any other state or federal law that would be a
10violation of ch. 161 that is punishable as a felony if committed in this state.
AB591-ASA3,41,1511 2. The person has had imposed on him or her a penalty specified in s. 939.62,
12939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the
13law of any other state or federal law under circumstances under which the person
14would be subject to a penalty specified in any of those sections if convicted in this
15state.
AB591-ASA3,42,216 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than
17a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of
18the law of any other state or federal law that would be a violation of ch. 940, 944 or
19948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if
20committed in this state, except that the department of health and family services
21may license a person to be a day care provider under this section, a school board may
22contract with a person under s. 120.13 (14) and a day care provider licensed under
23this section or contracted for under s. 120.13 (14) may employ or permit to be an adult
24resident a person who has been convicted of a violation of s. 944.30, 944.31 or 944.33
25or of a violation of the law of any other state or federal law that would be a violation

1of s. 944.30, 944.31 or 944.33 if committed in this state, if that violation occurred 20
2years or more before the date of the investigation.
AB591-ASA3,42,83 (h) 1. Notwithstanding par. (g), a person whose application for initial licensure
4or renewal of a license 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.
AB591-ASA3,42,139 2. Notwithstanding par. (g), a person whose application for an initial contract
10or renewal of a contract under s. 120.13 (14) has been denied on one of the grounds
11specified in par. (g) 1. to 3. may petition the school board for a review of that denial.
12If the school board determines that entering into or renewing the contract would be
13in the best interests of a child, the school board shall enter into or renew the contract.
AB591-ASA3,42,1514 3. The department shall promulgate rules to provide standards under which
15to review a petition under this paragraph.
AB591-ASA3,42,1916 (i) School boards and the department of health and family services shall keep
17confidential all information received under this subsection from the department of
18justice or the federal bureau of investigation. Such information is not subject to
19inspection or copying under s. 19.35.
AB591-ASA3,42,2220 (j) The department of health and family services may charge a fee for
21conducting a background investigation under this subsection. The fee may not
22exceed the reasonable cost of conducting the investigation.
AB591-ASA3, s. 72 23Section 72. 48.651 of the statutes is renumbered 48.651 (1) (intro.) and
24amended to read:
AB591-ASA3,43,10
148.651 (1) (intro.) Each county department shall certify, according to the
2standards adopted by the department under s. 46.03 (21), each day care provider
3from whom it purchases services under s. 46.036 on or after January 1, 1985, and
4each day care provider that provides day care services to parents pursuant to a
5voucher provided under s. 46.98 (3) (c) on or after January 1, 1985
reimbursed for
6child care services provided to families determined eligible under s. 46.98 (2r) and
7(4)
, unless the provider is a day care center licensed under s. 48.65 or is established
8or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs
9of certification. The county shall certify the following categories of day care
10providers:
AB591-ASA3, s. 73 11Section 73. 48.651 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
12Act .... (this act), is amended to read:
AB591-ASA3,43,1913 48.651 (1) (intro.) Each county department shall certify, according to the
14standards adopted by the department under s. 46.03 (21), each day care provider
15reimbursed for child care services provided to families determined eligible under ss.
1646.98 (2r) and (4) and 49.155 (1m), unless the provider is a day care center licensed
17under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county
18may charge a fee to cover the costs of certification. The county shall certify the
19following categories of day care providers:
AB591-ASA3, s. 74 20Section 74. 48.651 (1) (a) and (b) of the statutes are created to read:
AB591-ASA3,44,221 48.651 (1) (a) Level I certified family day care providers, as established by the
22department under s. 46.03 (21). The county shall require 15 hours of training for a
23provider certified under this paragraph. No county may certify a provider under this
24paragraph if the provider is a relative of all of the children for whom he or she

1provides care. The department may establish by rule other requirements for
2certification under this paragraph.
AB591-ASA3,44,73 (b) Level II certified family day care providers, as established by the
4department under s. 46.03 (21). In establishing the requirements for certification
5under this paragraph, the department may not include a requirement for training
6for providers. The department may establish by rule requirements for certification
7under this paragraph.
AB591-ASA3, s. 75 8Section 75. 48.651 (2) of the statutes is created to read:
AB591-ASA3,44,139 48.651 (2) (a) In this subsection, "adult resident" means a person 18 years of
10age or over who lives at the home of a person who is a day care provider certified
11under this section with the intent of making that home his or her home or who lives
12for more than 30 days cumulative in any 6-month period at the home of a person who
13is a day care provider certified under this section.
AB591-ASA3,44,1714 (b) 1. Before initially certifying a Level I certified family day care provider
15under sub. (1) (a) or a Level II certified family day care provider under sub. (1) (b),
16the county department, with the assistance of the department of justice, shall
17conduct a background investigation of the certification applicant.
AB591-ASA3,44,2418 2. The county department, with the assistance of the department of justice,
19shall conduct a background investigation of any person who, on the effective date of
20this subdivision .... [revisor inserts date], is a day care provider certified under this
21section or who, on the effective date of this subdivision .... [revisor inserts date], has
22an application for certification pending, within 6 months after the effective date of
23this subdivision .... [revisor inserts date], or on the person's application for renewal,
24whichever is earlier.
AB591-ASA3,45,4
13. Subject to subd. 2., the county department may, at the time of renewal of the
2certification of a day care provider certified under this section, or at any other time
3that the county department considers to be appropriate, conduct, with the assistance
4of the department of justice, a background investigation of that day care provider.
AB591-ASA3,45,115 (c) 1. Before initially certifying a Level I certified family day care provider
6under sub. (1) (a) or a Level II certified family day care provider under sub. (1) (b),
7the county department, with the assistance of the department of justice, shall, in
8addition to the investigation under par. (b), conduct a background investigation of
9all of the employes and prospective employes of the certification applicant who have
10or would have regular contact with a child receiving care from the day care provider
11and of each adult resident.
AB591-ASA3,45,2012 2. The county department, with the assistance of the department of justice,
13shall conduct a background investigation of each adult resident of a person who, on
14the effective date of this subdivision .... [revisor inserts date], is certified under this
15section or who, on the effective date of this subdivision .... [revisor inserts date], has
16an application for certification pending, within 6 months after that date or on the
17person's application for renewal, whichever is earlier, and shall conduct a
18background investigation of all of the employes and prospective employes of that
19person who have or would have regular contact with any child receiving care from
20the day care provider.
AB591-ASA3,46,221 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 any employe or
25prospective employe of the day care provider who has or would have regular contact

1with any child receiving care from the day care provider or of any adult resident of
2the day care provider.
AB591-ASA3,46,93 4. Before a day care provider that is certified under this section may employ
4any person in a position in which that person would have regular contact with a child
5receiving care from the day care provider or permit any person to be an adult
6resident, the county department, with the assistance of the department of justice,
7shall conduct a background investigation of the prospective employe or prospective
8adult resident unless that person has already been investigated under subd. 1., 2. or
93.
AB591-ASA3,46,1910 (d) If the person being investigated under par. (b) or (c) is a nonresident, or if
11at any time within the 5 years preceding the date of the investigation that person has
12been a nonresident, or if the county department determines that the person's
13employment, certification or state court records provide a reasonable basis for
14further investigation, the county department shall require the person to be
15photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set
16of the person's fingerprints. The department of justice may provide for the
17submission of the fingerprint cards to the federal bureau of investigation for the
18purposes of verifying the identity of the person fingerprinted and obtaining records
19of his or her criminal arrest and conviction.
AB591-ASA3,46,2120 (e) Upon request, a person being investigated under par. (b) or (c) shall provide
21the county department with all of the following information:
AB591-ASA3,46,2222 1. The person's name.
AB591-ASA3,46,2323 2. The person's social security number.
AB591-ASA3,46,2524 3. Other identifying information, including the person's birthdate, gender, race
25and any identifying physical characteristics.
AB591-ASA3,47,4
14. Information regarding the conviction record of the person under the law of
2this state or any other state or under federal law. This information shall be provided
3on a notarized background verification form that the department shall provide by
4rule promulgated under s. 48.67.
AB591-ASA3,47,145 (f) 1. A county department may not certify a person as a day care provider under
6this section until the county department receives information from the department
7of justice indicating that the person's conviction record under the law of this state is
8satisfactory according to the criteria specified in par. (g) 1. to 3. A county department
9may certify a person as a day care provider under this section conditioned on the
10receipt of information from the federal bureau of investigation indicating that the
11person's conviction record under the law of any other state or under federal law is
12satisfactory according to the criteria specified in par. (g) 1. to 3. A county department
13may grant provisional certification pending the receipt of the information required
14under this subdivision.
AB591-ASA3,48,215 2. A day care provider that is certified under this section may not employ a
16person in a position in which that person would have regular contact with a child
17receiving care from the day care provider or permit a person to be an adult resident
18until the county department receives information from the department of justice
19indicating that the person's conviction record under the law of this state is
20satisfactory according to the criteria specified in par. (g) 1. to 3. and the county
21department so advises the day care provider. A day care provider that is certified
22under this section may employ a person in a position in which that person would have
23regular contact with a child receiving care from the day care provider or permit a
24person to be an adult resident conditioned on the receipt of information from the
25federal bureau of investigation indicating that the person's conviction record under

1the law of any other state or under federal law is satisfactory according to the criteria
2specified in par. (g) 1. to 3.
AB591-ASA3,48,73 (g) Subject to par. (h), a county department may not certify a person to be a day
4care provider under this section and a day care provider certified under this section
5may not employ a person in a position in which that person would have regular
6contact with a child receiving care from the day care provider or permit a person to
7be an adult resident if any of the following applies:
AB591-ASA3,48,108 1. The person has been convicted of a violation of ch. 161 that is punishable as
9a felony or of a violation of the law of any other state or federal law that would be a
10violation of ch. 161 that is punishable as a felony if committed in this state.
AB591-ASA3,48,1511 2. The person has had imposed on him or her a penalty specified in s. 939.62,
12939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the
13law of any other state or federal law under circumstances under which the person
14would be subject to a penalty specified in any of those sections if convicted in this
15state.
AB591-ASA3,49,216 3. The person has been convicted of a violation of ch. 940, 944 or 948, other than
17a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, or of a violation of
18the law of any other state or federal law that would be a violation of ch. 940, 944 or
19948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63 or 948.70, if
20committed in this state, except that the county department may certify a person to
21be a day care provider under this section and a day care provider certified under this
22section may employ or permit to be an adult resident a person who has been convicted
23of a violation of s. 944.30, 944.31 or 944.33 or of a violation of the law of any other
24state 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-ASA3,49,93 (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 certification would be in
7the best interests of a child, the department shall order that the certification be
8issued or renewed. The department shall promulgate rules to provide standards
9under which to review a petition under this paragraph.
AB591-ASA3,49,1410 (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-ASA3,49,1715 (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-ASA3, s. 76 18Section 76. 48.981 (2) of the statutes, as affected by 1993 Wisconsin Act 443,
19is amended to read:
AB591-ASA3,50,1420 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-ASA3, s. 77 15Section 77. 49.001 (9) of the statutes is created to read:
AB591-ASA3,50,1916 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-ASA3, s. 78 20Section 78. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
21is amended to read:
AB591-ASA3,51,322 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-ASA3, s. 79 4Section 79. 49.124 (1m) of the statutes, as affected by 1995 Wisconsin Act 27,
5is renumbered 49.124 (1m) (a) and amended to read:
AB591-ASA3,51,176 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 pars. (b) and (bm), the department may
10require able individuals who are 18 to 60 years of age who are not participants in a
11Wisconsin works employment position, as defined in s. 49.141 (1) (r), to participate
12in the employment and training program under this section. To the extent permitted
13by federal law or waiver, and except as provided in par. (cm), the department may
14distribute food stamp benefits on a pay-for-performance basis, as determined under
15par. (c). The maximum number of hours an individual may be required to work may
16not exceed the amount of food stamp benefits divided by the applicable federal
17minimum wage, or 40 hours per week, whichever is less.
AB591-ASA3, s. 80 18Section 80. 49.124 (1m) (b) and (bm) of the statutes are created to read:
AB591-ASA3,51,2219 49.124 (1m) (b) The department may not require an individual who is a
20recipient under the food stamp program and who is the caretaker of a child who is
21under the age of 12 weeks to participate in any employment and training program
22under par. (a).
AB591-ASA3,52,223 (bm) The department may not require an individual who is a recipient under
24the food stamp program to participate in any employment and training program

1under par. (a) if that individual is enrolled at least half time in a school, as defined
2in s. 49.26 (1) (a) 2., a training program or an institution of higher education.
AB591-ASA3, s. 81 3Section 81. 49.124 (1m) (c) of the statutes is created to read:
AB591-ASA3,52,54 49.124 (1m) (c) The amount of food stamp benefits paid to the recipient in a
5subsequent month shall be determined as follows:
AB591-ASA3,52,9 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-ASA3,52,12 102. 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-ASA3,52,14 133. 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-ASA3,52,1715 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-ASA3, s. 81c 18Section 81c. 49.124 (1m) (cm) of the statutes is created to read:
AB591-ASA3,52,2219 49.124 (1m) (cm) Notwithstanding par. (c), the amount of food stamp benefits
20paid to a recipient who is a participant in a Wisconsin works employment position
21under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit
22amount received s. 49.148.
AB591-ASA3, s. 81e 23Section 81e. 49.124 (1p) of the statutes is created to read:
AB591-ASA3,53,3
149.124 (1p) Waiver. (a) The department shall request a waiver from the
2secretary of the federal department of agriculture to permit the application of par.
3(b). Paragraph (b) does not apply unless a waiver is granted and in effect.
AB591-ASA3,53,64 (b) The department shall modify eligibility and benefit amounts under the food
5stamp program to provide for a graduated schedule of benefits based on income in
6the manner described in the waiver under par. (a).
AB591-ASA3, s. 81g 7Section 81g. 49.124 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
8is amended to read:
AB591-ASA3,53,129 49.124 (2) Liability for lost food coupons. (a) A county or, federally
10recognized American Indian tribe or Wisconsin works agency is liable for all food
11stamp coupons lost, misappropriated or destroyed while under the county's or, tribe's
12or Wisconsin works agency's direct control, except as provided in par. (b).
AB591-ASA3,53,1613 (b) A county or, federally recognized American Indian tribe or Wisconsin works
14agency
is not liable for food stamp coupons lost in natural disasters if it provides
15evidence acceptable to the department that the coupons were destroyed and not
16redeemed.
AB591-ASA3,53,2117 (c) A county or, federally recognized American Indian tribe or Wisconsin works
18agency
is liable for food stamp coupons mailed to residents of the county or, members
19of the tribe or participants in the Wisconsin works program and lost in the mail due
20to incorrect information submitted to the department by the county or, tribe or
21Wisconsin works agency
.
AB591-ASA3, s. 83 22Section 83. 49.125 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
23is amended to read:
AB591-ASA3,54,424 49.125 (1) The department, or a county or , an elected governing body of a
25federally recognized American Indian tribe or band or a Wisconsin works agency

1acting on behalf of the department, may recover overpayments that arise from an
2overissuance of food coupons under the food stamp program administered under s.
346.215 (1) (k) or, 46.22 (1) (b) 2. d. or 49.143 (2) (e). Recovery shall be made in
4accordance with 7 USC 2022.
AB591-ASA3, s. 83e 5Section 83e. 49.138 (title), (2) and (3) of the statutes are created to read:
AB591-ASA3,54,6 649.138 (title) Emergency assistance for families with needy children.
AB591-ASA3,54,8 7(2) Emergency assistance provided to a person under sub. (1) (c) may be
8provided once in a 12-month period.
AB591-ASA3,54,15 9(3) The department shall submit a report to the legislature under s. 13.172 (2)
10no later than 12 months following the date stated in the notice under s. 49.141 (2)
11(d). The report shall discuss the interaction between the program under this section
12and Wisconsin works, as defined in s. 49.141 (1) (p). The report shall include
13information on the utilization of the program under this section and the
14department's recommendations, if any, for changes to the program under this
15section.
AB591-ASA3, s. 84 16Section 84. 49.141 of the statutes is created to read:
AB591-ASA3,54,18 1749.141 Wisconsin works; general provisions. (1) Definitions. As used in
18ss. 49.141 to 49.161:
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