Amendment SSA1-SB40

SB40-SSA1, s. 1393 Section 1393. 49.029 (3) of the statutes is amended to read:

SB40-SSA1,650,12 49.029 (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.

SB40-SSA1, s. 1394 Section 1394. Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is amended to read:

SB40-SSA1,650,15 chapter 49

SB40-SSA1,650,16 subchapter III

SB40-SSA1,650,18 economic children and family support and work programs services

SB40-SSA1, s. 1395 Section 1395. 49.11 (1) of the statutes is amended to read:

SB40-SSA1,650,21 49.11 (1) "Department" means the department of workforce development children and families.

SB40-SSA1, s. 1396 Section 1396. 49.11 (2) of the statutes is amended to read:

SB40-SSA1,650,24 49.11 (2) "Secretary" means the secretary of workforce development children and families.

SB40-SSA1, s. 1397 Section 1397. 49.13 (title) of the statutes is renumbered 49.79 (9) (title).

SB40-SSA1, s. 1398 Section 1398. 49.13 (1) of the statutes is repealed.

SB40-SSA1, s. 1399 Section 1399. 49.13 (2) (a) of the statutes is renumbered 49.79 (9) (a) 1. and amended to read:

SB40-SSA1,651,14 49.79 (9) (a) 1. The department shall contract with the department of health and family services as provided under s. 49.79 (10) to administer an employment and training program for recipients under the food stamp program and may contract under s. 49.78 with county departments under ss. 46.215, 46.22, and 46.23, and with tribal governing bodies to carry out the administrative functions. The department may contract, or a county department or tribal governing body may subcontract, with a Wisconsin works Works agency or another provider to administer the employment and training program under this subsection. Except as provided in pars. (b) and (bm) subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works Works employment position to participate in the employment and training program under this subsection.

SB40-SSA1, s. 1400 Section 1400. 49.13 (2) (b) of the statutes is renumbered 49.79 (9) (a) 2. and amended to read:

SB40-SSA1,651,20 49.79 (9) (a) 2. 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) this subsection.

SB40-SSA1, s. 1401 Section 1401. 49.13 (2) (bm) of the statutes is renumbered 49.79 (9) (a) 3. and amended to read:

SB40-SSA1,652,2 49.79 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under par. (a) this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher education.

SB40-SSA1, s. 1402 Section 1402. 49.13 (2) (cm) of the statutes is renumbered 49.79 (9) (a) 4.

SB40-SSA1, s. 1403 Section 1403. 49.13 (2) (d) of the statutes is renumbered 49.79 (9) (a) 5. and amended to read:

SB40-SSA1,652,15 49.79 (9) (a) 5. A participant in an employment and training program under this section subsection administered by the department is an employee of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this section subsection administered by a Wisconsin works Works agency or another provider is an employee of the Wisconsin works Works agency or other provider for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.

SB40-SSA1, s. 1404 Section 1404. 49.13 (3) (intro.) of the statutes is renumbered 49.79 (9) (b) (intro.) and amended to read:

SB40-SSA1,652,20 49.79 (9) (b) (intro.) An individual who fails to comply with the work requirements under sub. (2) par. (a) without good cause is ineligible to participate in the food stamp program under s. 49.79 as follows:

SB40-SSA1, s. 1405 Section 1405. 49.13 (3) (a) of the statutes is renumbered 49.79 (9) (b) 1. and amended to read:

SB40-SSA1,652,25 49.79 (9) (b) 1. For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40-SSA1, s. 1406 Section 1406. 49.13 (3) (b) of the statutes is renumbered 49.79 (9) (b) 2. and amended to read:

SB40-SSA1,653,5 49.79 (9) (b) 2. For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40-SSA1, s. 1407 Section 1407. 49.13 (3) (c) of the statutes is renumbered 49.79 (9) (b) 3. and amended to read:

SB40-SSA1,653,10 49.79 (9) (b) 3. For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40-SSA1, s. 1407c Section 1407c. 49.134 (2) (a) of the statutes is amended to read:

SB40-SSA1,653,15 49.134 (2) (a) From the allocation under s. 49.155 (1g) (d), 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.

SB40-SSA1, s. 1407e Section 1407e. 49.136 (2) (a) of the statutes is amended to read:

SB40-SSA1,653,18 49.136 (2) (a) From the allocation under s. 49.155 (1g) (d), the department may award grants for the start-up or expansion of child care services.

SB40-SSA1, s. 1407g Section 1407g. 49.137 (2) (a) of the statutes is amended to read:

SB40-SSA1,654,2 49.137 (2) (a) From the allocation under s. 49.155 (1g) (d), the department may award grants to child care providers that meet the quality of care standards established under s. 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.

SB40-SSA1, s. 1407h Section 1407h. 49.137 (3) (a) of the statutes is amended to read:

SB40-SSA1,654,6 49.137 (3) (a) From the allocation under s. 49.155 (1g) (d), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.155 (1d) (b).

SB40-SSA1, s. 1407i Section 1407i. 49.137 (4) (intro.) of the statutes is amended to read:

SB40-SSA1,654,12 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.155 (1g) (d), 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:

SB40-SSA1, s. 1407j Section 1407j. 49.137 (4m) of the statutes is amended to read:

SB40-SSA1,654,18 49.137 (4m) Local pass-through grant program. From the allocation under s. 49.155 (1g) (d), the department shall award grants to local governments and tribal governing bodies for programs to improve the quality of child care. The department shall promulgate rules to administer the grant program, including rules that specify the eligibility criteria and procedures for awarding the grants.

SB40-SSA1, s. 1408 Section 1408. 49.138 (1m) (intro.) of the statutes is amended to read:

SB40-SSA1,655,8 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 impending homelessness, or energy crisis. 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) 20.437 (2) (dz) and (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 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 or impending homelessness may be used only to obtain or retain a permanent living accommodation. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

SB40-SSA1, s. 1409 Section 1409. 49.143 (2) (b) of the statutes is amended to read:

SB40-SSA1,655,21 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 49.17; 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.

SB40-SSA1, s. 1410 Section 1410. 49.147 (3m) of the statutes is created to read:

SB40-SSA1,656,2 49.147 (3m) Real work, real pay pilot project. (a) Administration and evaluation. Except as provided in par. (d), the department shall conduct and evaluate a real work, real pay pilot project from January 1, 2008, to December 31, 2009.

SB40-SSA1,656,7 (b) Eligibility and project limits. 1. Except as specifically provided in this subsection, all general and nonfinancial eligibility requirements under s. 49.145 apply to participants under this subsection, and all requirements under sub. (3), as they apply to Wisconsin Works agencies, employers, and participants, apply to Wisconsin Works agencies, employers, and participants under this subsection.

SB40-SSA1,656,11 2. The project shall be limited to 100 individuals and shall be conducted in at least one of the geographical areas established by the department under s. 49.143 (6) that is in Milwaukee County and in at least 2 of those geographical areas that are not in Milwaukee County.

SB40-SSA1,656,20 (c) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay an employer that employs a participant under this subsection a monthly wage subsidy that does not exceed the federal minimum wage for no more than 30 hours of work per week. Worksite training activities prescribed by the employer that are consistent with training provided to other employees at the worksite are considered work for purposes of calculating the wage subsidy under this paragraph. In addition to the wage subsidy, the Wisconsin Works agency shall reimburse the employer for up to 100 percent of all of the following costs that are attributable to employment of the participant:

SB40-SSA1,656,21 1. Federal social security taxes.

SB40-SSA1,656,22 2. State and federal unemployment contributions or taxes, if any.

SB40-SSA1,656,23 3. Worker's compensation insurance premiums, if any.

SB40-SSA1,657,5 (d) Time-limited participation and payment extension. An individual may participate in the project under this subsection for a maximum of 6 months, with an opportunity for an extension of up to 3 months. Notwithstanding the ending date for the project, payments under par. (c) for any participant who is accepted into the project before December 31, 2009, shall be made until the participant completes his or her 6-month participation period or any extension to it already commenced before that date.

SB40-SSA1,657,9 (e) Mentors and stipends. The Wisconsin Works agency and employer of a participant under this subsection shall work together to find a mentor for the participant at the participant's work site. The Wisconsin Works agency shall pay each mentor a monthly stipend of $50.

SB40-SSA1,657,18 (f) Employer effort to retain, refer, or evaluate participant. An employer that employs a participant under this subsection and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends if the participant successfully completes participation in the project under this subsection. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency a written performance evaluation of the participant, including recommendations for improvements.

SB40-SSA1, s. 1411 Section 1411. 49.147 (6) (c) of the statutes is amended to read:

SB40-SSA1,657,23 49.147 (6) (c) Distribution and administration. From the appropriation under s. 20.445 (3) 20.437 (2) (jL), the department shall distribute funds for job access loans to a Wisconsin Works agency, which shall administer the loans in accordance with rules promulgated by the department.

SB40-SSA1, s. 1412 Section 1412. 49.147 (6) (cm) 1. of the statutes is amended to read:

SB40-SSA1,658,8 49.147 (6) (cm) 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) 20.437 (2) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.

SB40-SSA1, s. 1420f Section 1420f. 49.155 (1) (intro.) of the statutes is amended to read:

SB40-SSA1,658,10 49.155 (1) Definitions. (intro.) In this section, except as otherwise provided:

SB40-SSA1, s. 1420m Section 1420m. 49.155 (1g) of the statutes is repealed and recreated to read:

SB40-SSA1,658,14 49.155 (1g) Distribution of funds. Within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, the department shall do all of the following:

SB40-SSA1,658,19 (a) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.445 (3) (cm), (kx), (mc), and (md), the department shall allocate and distribute funding in each fiscal year for all of the following:

SB40-SSA1,658,21 1. A child care scholarship and bonus program, in the amount of at least $3,475,000 per fiscal year.

SB40-SSA1,658,23 2. Grants under s. 49.134 (2) for child day care resource and referral services, in the amount of at least $1,225,000 per fiscal year.

SB40-SSA1,658,25 3. A transfer to the appropriation account under s. 20.435 (3) (kx) for child care licensing activities, in the amount of at least $4,800,600 per fiscal year.

SB40-SSA1,659,1 4. Grants under s. 49.137 (4m).

SB40-SSA1,659,2 5. Contracts under s. 49.137 (4) for training and technical assistance.

SB40-SSA1,659,5 6. The department's share of the costs for the Child Care Information Center operated by the division for libraries, technology, and community learning in the department of public instruction.

SB40-SSA1,659,8 (b) Subject to sub. (1j), from the appropriations under s. 20.445 (3) (cm), (kx), and (mc), distribute $1,765,600 in fiscal year 2007-08 and $1,600,300 in fiscal year 2008-09 for administration of the department's office of child care.

SB40-SSA1, s. 1420n Section 1420n. 49.155 (1g) (a) (intro.) and 3. and (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), are amended to read:

SB40-SSA1,659,15 49.155 (1g) (a) (intro.) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.445 (3) 20.437 (2) (cm), (kx), (mc), and (md), the department shall allocate and distribute funding in each fiscal year for all of the following:

SB40-SSA1,659,17 3. A transfer to the appropriation account under s. 20.435 (3) 20.437 (1) (kx) for child care licensing activities, in the amount of at least $4,800,600 per fiscal year.

SB40-SSA1,659,20 (b) Subject to sub. (1j), from the appropriations under s. 20.445 (3) 20.437 (2) (cm), (kx), and (mc), distribute $1,765,600 in fiscal year 2007-08 and $1,600,300 in fiscal year 2008-09 for administration of the department's office of child care.

SB40-SSA1, s. 1425 Section 1425. 49.155 (1m) (a) 3m. of the statutes is amended to read:

SB40-SSA1,659,23 49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.13 49.79 (9).

SB40-SSA1, s. 1432c Section 1432c. 49.155 (5) of the statutes is amended to read:

SB40-SSA1,660,8 49.155 (5) Liability for payment. An individual is liable for the percentage of the cost of the child care specified by the department in a printed copayment schedule. The department may not increase copayment amounts by more than 2.8 percent per year. An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.

SB40-SSA1, s. 1432m Section 1432m. 49.155 (6m) of the statutes is created to read:

SB40-SSA1,660,11 49.155 (6m) Child care provider reimbursements. (a) In this subsection, "child care provider" means a provider licensed under s. 48.65.

SB40-SSA1,660,15 (b) The department shall reimburse a child care provider on the basis of the number of authorized hours for a child to receive services from the child care provider and shall adjust the number of authorized hours on the basis of a child's history of underutilization. For this purpose, the department shall do all of the following:

SB40-SSA1,660,20 1. Program the child care computer system to track the hourly usage of child care authorized hours for each child for each child care provider over a review period of 6 consecutive 2-week periods and to automatically adjust a child's authorized hours if usage is consistently less than 50 percent of the authorized hours for the child in each of those 2-week periods.

SB40-SSA1,660,24 2. Reduce the authorized hours for a child to reflect actual usage and provide an automated notice to the child's parent, child care provider, and local case worker that allows a reasonable time for the child care provider to fill the vacant child care slot.

SB40-SSA1,661,3 3. Adjust the authorized hours for a child to the highest usage during the 12-week review period, except that the department may not set the authorized hours for a child at a level that is less than 20 hours per week.

SB40-SSA1,661,6 (c) The department shall allow families to request adjustments in authorized hours if needed to meet work requirements and to appeal any determinations made with respect to adjustments in authorized hours under par. (b).

SB40-SSA1, s. 1434 Section 1434. 49.1635 (1) of the statutes is amended to read:

SB40-SSA1,661,15 49.1635 (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.