Amendment ASA1-AB100

AB100-ASA1,765,21 49.155 (1g) (intro.) Subject to sub. (4) (1j) and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:

AB100-ASA1, s. 1400 Section 1400. 49.131 (2) (a) of the statutes is repealed.

AB100-ASA1, s. 1401 Section 1401. 49.131 (2) (b) 1. and (c) 1., 2., 3. and 4. of the statutes are consolidated, renumbered 49.131 (2) (b) 1m. and amended to read:

AB100-ASA1,766,20 49.131 (2) (b) 1m. From the appropriation under s. 20.445 (3) (mc), distribute $190,800 $4,315,000 in fiscal year 1995-96 1997-98 and $197,700 $4,315,000 in fiscal year 1996-97 1998-99 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under s. 20.445 (3) (cp) and (md). (c) 1. For program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97. 2. For for grants under s. 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97. 3. For for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under s. 49.132 (4) (e) sub. (1d) and for a system of rates or a program of grants, as provided under s. 49.132 (4) (e) sub. (1d), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under subd. 4. 4. For and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under subd. 3.

AB100-ASA1, s. 1402 Section 1402. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (b).

AB100-ASA1, s. 1403 Section 1403. 49.131 (2) (b) 2. of the statutes is amended to read:

AB100-ASA1,767,2 49.131 (2) (b) 2. From the appropriation under s. 20.445 (3) (mc) transfer $1,026,800 $1,687,400 in fiscal year 1996-97 1997-98 and $1,687,400 in fiscal year 1998-99 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care center licensing under s. 48.65.

AB100-ASA1, s. 1404 Section 1404. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (c).

AB100-ASA1, s. 1405 Section 1405. 49.131 (2) (c) (intro.) of the statutes is repealed.

AB100-ASA1, s. 1406 Section 1406. 49.131 (3) of the statutes is repealed.

AB100-ASA1, s. 1407 Section 1407. 49.131 (4) of the statutes is renumbered 49.155 (1j) and amended to read:

AB100-ASA1,767,23 49.155 (1j) If the department receives unanticipated federal child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in sub. (2) (1g) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limit under sub. (2) (1g). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding sub. (2) (1g), only with the approval of the committee.

AB100-ASA1, s. 1408 Section 1408. 49.132 (2) (a) of the statutes is amended to read:

AB100-ASA1,768,7 49.132 (2) (a) The Within the limits of available federal funds and from the appropriation under s. 20.445 (3) (cm) the department shall distribute the funds allocated under s. 49.13 for at-risk and low-income child care services under subs. (2m) and (3) to county departments under s. 46.215, 46.22 or 46.23 and to private nonprofit child care providers who agencies that provide child care for the children of migrant workers or shall reimburse child care providers who provide at-risk and low-income child care.

AB100-ASA1, s. 1409 Section 1409. 49.132 (4) (am) of the statutes is amended to read:

AB100-ASA1,768,15 49.132 (4) (am) A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and who applies for aid on or after May 10, 1996, is eligible for aid under this section if the family income of the applicant is equal to or less than 165% of the poverty line. An applicant who is eligible under this paragraph and who began receiving aid under this section on or after May 10, 1996, continues to be eligible for aid under this section until the family income of the applicant is greater than 200% of the poverty line.

AB100-ASA1, s. 1410 Section 1410. 49.132 (6) of the statutes is amended to read:

AB100-ASA1,768,19 49.132 (6) Sunset. This section does not apply beginning on the first day of the 6th month beginning after the date specified in the notice under s. 49.141 (2) (d) October 1, 1997.

AB100-ASA1, s. 1411 Section 1411. 49.134 (2) (a) of the statutes is amended to read:

AB100-ASA1,768,24 49.134 (2) (a) From the allocation under s. 49.131 (2) (c) 2. 49.131 (2) (b) 1m., the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

AB100-ASA1, s. 1412 Section 1412 . 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,769,6 49.134 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

AB100-ASA1, s. 1413 Section 1413 . 49.136 (2) (a) of the statutes is amended to read:

AB100-ASA1,769,10 49.136 (2) (a) From the allocation under s. 49.131 (2) (c) 1. 49.131 (2) (b) 1m., the department shall award grants for the start-up or expansion of child care services.

AB100-ASA1, s. 1414 Section 1414 . 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,769,14 49.136 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department shall award grants for the start-up or expansion of child care services.

AB100-ASA1, s. 1415 Section 1415 . 49.137 (2) (a) of the statutes is amended to read:

AB100-ASA1,769,22 49.137 (2) (a) From the allocation under s. 49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may award grants to child care providers that meet the quality of care standards established under s. 49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB100-ASA1, s. 1416 Section 1416 . 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,770,7 49.137 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may award grants to child care providers that meet the quality of care standards established under s. 49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB100-ASA1, s. 1417 Section 1417 . 49.137 (3) (a) of the statutes is amended to read:

AB100-ASA1,770,11 49.137 (3) (a) From the allocation under s. 49.131 (2) (c) 3. 49.131 (2) (b) 1m., the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.132 (4) (e) 49.155 (1d) (b).

AB100-ASA1, s. 1418 Section 1418 . 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,770,16 49.137 (3) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.132 (4) (e) 49.155 (1d) (b).

AB100-ASA1, s. 1419 Section 1419 . 49.137 (4) (intro.) of the statutes is amended to read:

AB100-ASA1,770,23 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

AB100-ASA1, s. 1420 Section 1420 . 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,771,6 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

AB100-ASA1, s. 1788m Section 1788m. 49.137 (4) (gm) of the statutes is created to read:

AB100-ASA1,771,10 49.137 (4) (gm) Providing training to child care providers in providing child care for children with special needs and developing a network of child care providers who are qualified to provide child care for children with special needs.

AB100-ASA1, s. 1421 Section 1421. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138 (1m) (intro.), as renumbered, is amended to read:

AB100-ASA1,772,2 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by applicable federal laws and regulations. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) and (p) (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness may be used only to obtain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless if any of the following applies:

AB100-ASA1, s. 1422 Section 1422. 49.138 (1d) of the statutes is created to read:

AB100-ASA1,772,4 49.138 (1d) In this section:

AB100-ASA1,772,7 (a) "Administering agency" means the department or, if the department has contracted with a Wisconsin works agency under sub. (3), the Wisconsin works agency.

AB100-ASA1,772,8 (b) "Needy person" has the meaning specified by the department by rule.

AB100-ASA1, s. 1423 Section 1423. 49.138 (2) of the statutes is amended to read:

AB100-ASA1,772,11 49.138 (2) Emergency assistance provided to a person under sub. (1) (1m) (c) may be provided once in a 12-month period.

AB100-ASA1, s. 1424 Section 1424. 49.138 (3) of the statutes is created to read:

AB100-ASA1,772,14 49.138 (3) The department may contract with a Wisconsin works agency to administer this section.

AB100-ASA1, s. 1425 Section 1425. 49.138 (4) of the statutes is created to read:

AB100-ASA1,772,22 49.138 (4) (a) Any individual whose application for emergency assistance under this section is not acted upon with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, or who believes that the assistance amount was calculated incorrectly, may petition the administering agency for a review of such action. Review is unavailable if the action by the administering agency occurred more than 45 days prior to submission of the petition for review.

AB100-ASA1,773,3 (b) Upon a timely petition under par. (a), the administering agency shall give the petitioner reasonable notice and opportunity for a review. The administering agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the petitioner. The administering agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

AB100-ASA1,773,4 1. Withdraws the petition in writing.

AB100-ASA1,773,7 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

AB100-ASA1,773,12 (c) If the administering agency is a Wisconsin works agency, the department may review the decision of the Wisconsin works agency if, within 14 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.

AB100-ASA1, s. 1426 Section 1426. 49.141 (1) (j) of the statutes is renumbered 49.141 (1) (j) (intro.) and amended to read:

AB100-ASA1,773,15 49.141 (1) (j) (intro.) "Parent" means either a any of the following:

AB100-ASA1,773,16 1. A biological parent, a.

AB100-ASA1,773,18 2. A person who has consented to the artificial insemination of his wife under s. 891.40, or a.

AB100-ASA1,773,19 3. A parent by adoption.

AB100-ASA1, s. 1427 Section 1427. 49.141 (1) (j) 4. of the statutes is created to read:

AB100-ASA1,773,23 49.141 (1) (j) 4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60.

AB100-ASA1, s. 1428 Section 1428. 49.141 (1) (j) 5. of the statutes is created to read:

AB100-ASA1,774,2 49.141 (1) (j) 5. A man who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.

AB100-ASA1, s. 1429 Section 1429. 49.141 (1) (p) of the statutes is amended to read:

AB100-ASA1,774,8 49.141 (1) (p) "Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, except that "Wisconsin works" does not include the Wisconsin works health plan under s. 49.153, unless a waiver under s. 49.153 (1m) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted.

AB100-ASA1, s. 1430 Section 1430. 49.141 (2) (a) of the statutes is amended to read:

AB100-ASA1,774,19 49.141 (2) (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.

AB100-ASA1, s. 1431 Section 1431. 49.141 (7) (c) of the statutes is created to read:

AB100-ASA1,774,24 49.141 (7) (c) Except as provided in par. (d), in addition to the penalties applicable under par. (a) or (b), a person shall be suspended from participating in Wisconsin works, except s. 49.153, for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:

AB100-ASA1,775,4 1. Violating sub. (6) (a) with respect to his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state assistance funded by a block grant under Title I of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

AB100-ASA1,775,7 2. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state benefits under the medical assistance program under 42 USC 1396 et seq.

AB100-ASA1,775,10 3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp program under 7 USC 2011 to 2029.

AB100-ASA1,775,14 4. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal supplemental security income program under 42 USC 1381 to 1383d.

AB100-ASA1, s. 1432 Section 1432. 49.141 (7) (d) of the statutes is created to read:

AB100-ASA1,775,20 49.141 (7) (d) A person who has been suspended from participating in Wisconsin works under par. (c) and whom the president of the United States has pardoned with respect to the conduct for which the person had been suspended may have his or her eligibility to participate in Wisconsin works reinstated beginning on the first day of the first month beginning after the pardon.

AB100-ASA1, s. 1801g Section 1801g. 49.143 (2) (b) of the statutes is amended to read:

AB100-ASA1,776,8 49.143 (2) (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. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

AB100-ASA1, s. 1801m Section 1801m. 49.143 (2) (e) of the statutes is amended to read:

AB100-ASA1,776,12 49.143 (2) (e) Certify To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with 7 USC 2011 to 2029.

AB100-ASA1, s. 1433 Section 1433. 49.145 (2) (i) of the statutes is amended to read:

AB100-ASA1,776,17 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775.

AB100-ASA1, s. 1434 Section 1434. 49.145 (2) (n) of the statutes is renumbered 49.145 (2) (n) 1. (intro.) and amended to read:

AB100-ASA1,777,2 49.145 (2) (n) 1. (intro.) Beginning Except as provided in subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin works group has actively participated in the job opportunities and basic skills program under s. 49.193 or has participated in a Wisconsin works employment position or both, or has received benefits under, any of the following or any combination of the following does not exceed 60 months . The months need not be consecutive. Participation in the, whether or not consecutive:

AB100-ASA1,777,5 a. The job opportunities and basic skills program under s. 49.193. Active participation in the job opportunities and basic skills program begins to count toward the 60-month limit beginning on July October 1, 1996.

AB100-ASA1,777,9 3. A Wisconsin works agency may extend the time limit under this paragraph only if the Wisconsin works agency determines, in accordance with rules promulgated by the department, that unusual circumstances exist that warrant an extension of the participation period.

AB100-ASA1, s. 1435 Section 1435. 49.145 (2) (n) 1. b. of the statutes is created to read:

AB100-ASA1,777,11 49.145 (2) (n) 1. b. A Wisconsin works employment position.