AB64-ASA1,868 13Section 868 . 49.155 (1m) (c) 1d. a. of the statutes is created to read:
AB64-ASA1,497,1914 49.155 (1m) (c) 1d. a. Notwithstanding sub. (5) (b), if the individual is already
15receiving a child care subsidy under this section and the gross income of the
16individual's family exceeds 200 percent of the poverty line for a family the size of the
17individual's family, the individual's copayment amount under sub. (5) increases by
18$1 for every $3 by which the individual's family's gross income exceeds 200 percent
19of the poverty line for a family the size of the individual's family.
AB64-ASA1,868b 20Section 868b. 49.155 (1m) (c) 1d. b. of the statutes is created to read:
AB64-ASA1,497,2421 49.155 (1m) (c) 1d. b. Notwithstanding subd. 1d. a., if the gross income of an
22individual's family exceeds 85 percent of the state median income for a family the size
23of the individual's family, the individual is not eligible to receive a child care subsidy
24under this section.
AB64-ASA1,869 25Section 869 . 49.155 (1m) (cm) of the statutes is created to read:
AB64-ASA1,498,2
149.155 (1m) (cm) The total liquid assets of the individual's family do not exceed
2$25,000. This paragraph does not apply if the individual is any of the following:
AB64-ASA1,498,33 1. A foster parent of the child.
AB64-ASA1,498,44 2. A subsidized guardian or interim caretaker of the child under s. 48.623.
AB64-ASA1,498,65 3. A relative of the child who is providing care for the child under a court order
6and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.
AB64-ASA1,870 7Section 870 . 49.155 (2) of the statutes is created to read:
AB64-ASA1,498,128 49.155 (2) Eligibility based on the child's age. Notwithstanding sub. (1m)
9(intro.) and (a) (intro.), an individual does not lose eligibility for a child care subsidy
10for a child who attains the age of 13 or, if the child is disabled, attains the age of 19
11until the department or the county department or agency redetermines the
12individual's eligibility.
AB64-ASA1,871 13Section 871 . 49.155 (4) (a) of the statutes is amended to read:
AB64-ASA1,498,1814 49.155 (4) (a) An eligible individual shall choose whether the child care will be
15provided by a child care center licensed under s. 48.65, a Level I certified family child
16care provider certified under s. 48.651 (1) (a), a Level II certified family child care
17provider certified under s. 48.651 (1) (b), or a child care program provided or
18contracted for by a school board under s. 120.13 (14).
AB64-ASA1,872 19Section 872 . 49.155 (6) (b) of the statutes is amended to read:
AB64-ASA1,498,2320 49.155 (6) (b) The department shall set maximum payment rates for Level I
21certified family child care providers certified under s. 48.651 (1) (a) for services
22provided to eligible individuals under this section. The maximum rates set under
23this paragraph may not exceed 75 percent of the rates established under par. (a).
AB64-ASA1,873 24Section 873 . 49.155 (6) (d) of the statutes is amended to read:
AB64-ASA1,499,5
149.155 (6) (d) The department may promulgate rules to establish a system of
2rates or a program of grants for child care providers that meet the higher quality of
3care standards established by rules promulgated under sub. (1d) (b). If a system of
4rates is established under this paragraph, the rates under that system shall be
5higher than the rates established under pars. (a) to (c).
AB64-ASA1,874 6Section 874 . 49.155 (6g) (a) 5. of the statutes is created to read:
AB64-ASA1,499,117 49.155 (6g) (a) 5. The department shall take into consideration child learning
8and development and shall promote continuity of care when authorizing hours of
9child care. The department is not required to limit authorized hours based on the
10individual's schedule of activities under sub. (1m) (a) or the number of hours the
11individual spends in those activities.
AB64-ASA1,875 12Section 875 . 49.155 (6g) (b) 4. of the statutes is created to read:
AB64-ASA1,499,1413 49.155 (6g) (b) 4. Any reduction in hours due to a temporary break from an
14authorized activity.
AB64-ASA1,876 15Section 876 . 49.155 (7) (a) 1. of the statutes is amended to read:
AB64-ASA1,499,2516 49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined
17in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag)
181. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care
19provider is convicted or adjudicated delinquent for committing a serious crime on or
20after his or her 12th 10th birthday or if the department provides written notice under
21s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible
22for certification, employment, or residence at the child care provider
, the department
23or the county department under s. 46.215, 46.22, or 46.23 shall refuse to allow
24payment to the child care provider for any child care provided under this section
25beginning on the date of the conviction or delinquency adjudication.
AB64-ASA1,877
1Section 877. 49.155 (7) (a) 2. of the statutes is amended to read:
AB64-ASA1,500,122 49.155 (7) (a) 2. If a child care provider is the subject of a pending criminal
3charge alleging that the person has committed a serious crime, as defined in s. 48.685
448.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a
5nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider
6is the subject of a pending criminal charge or delinquency petition alleging that the
7person has committed a serious crime on or after his or her 12th 10th birthday, the
8department or the county department under s. 46.215, 46.22, or 46.23 shall
9immediately suspend payment to the child care provider for any child care provided
10under this section until the department obtains information regarding the final
11disposition of the charge or delinquency petition indicating that the person is not
12ineligible to receive such a payment.
AB64-ASA1,878 13Section 878 . 49.155 (7) (b) (intro.) of the statutes is amended to read:
AB64-ASA1,500,1814 49.155 (7) (b) (intro.) The department or the county department under s.
1546.215, 46.22, or 46.23 may refuse to allow payment to a child care provider for child
16care provided under this section if any of the following applies to the child care
17provider or to a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or nonclient
18resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider:
AB64-ASA1,879 19Section 879 . 49.155 (7) (b) 1. of the statutes is amended to read:
AB64-ASA1,501,220 49.155 (7) (b) 1. The person has been convicted of or adjudicated delinquent on
21or after his or her 12th 10th birthday for committing an offense that is not a serious
22crime, as defined in s. 48.685 48.686 (1) (c) 3m., but the department, county
23department, agency contracted with under s. 48.651 (2), or school board
determines
24under s. 48.685 48.686 (5m) that the offense substantially relates to the care of

1children or the department or county department determines that the offense
2substantially relates to the operation of a business.
AB64-ASA1,880 3Section 880 . 49.155 (7) (b) 2. of the statutes is amended to read:
AB64-ASA1,501,84 49.155 (7) (b) 2. The person is a caregiver specified in s. 48.685 48.686 (1) (ag)
51. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), and is the subject
6of a pending criminal charge that the department, county department, agency
7contracted with under s. 48.651 (2), or school board determines substantially relates
8to the care of children.
AB64-ASA1,881 9Section 881 . 49.162 (1) (bg) of the statutes is created to read:
AB64-ASA1,501,1210 49.162 (1) (bg) “Controlled substance abuse screening” means a questionnaire,
11a criminal background check, or any other controlled substance abuse screening
12mechanism identified by the department by rule.
AB64-ASA1,882 13Section 882 . 49.162 (1) (bm) of the statutes is created to read:
AB64-ASA1,501,1414 49.162 (1) (bm) “Dependent child” has the meaning given in s. 49.141 (1) (c).
AB64-ASA1,883 15Section 883 . 49.162 (1) (br) of the statutes is created to read:
AB64-ASA1,501,1816 49.162 (1) (br) “Group member” means an adult member of an individual's
17Wisconsin Works group whose income or assets are included in determining the
18individual's eligibility for a program.
AB64-ASA1,884 19Section 884 . 49.162 (1) (c) 4. of the statutes is created to read:
AB64-ASA1,501,2020 49.162 (1) (c) 4. A Wisconsin Works employment position.
AB64-ASA1,885 21Section 885 . 49.162 (1) (e) of the statutes is created to read:
AB64-ASA1,501,2222 49.162 (1) (e) “Wisconsin Works" has the meaning given in s. 49.141 (1) (p).
AB64-ASA1,886 23Section 886 . 49.162 (1) (f) of the statutes is created to read:
AB64-ASA1,501,2524 49.162 (1) (f) “Wisconsin Works employment position" has the meaning given
25in s. 49.141 (1) (r).
AB64-ASA1,887
1Section 887. 49.162 (1) (g) of the statutes is created to read:
AB64-ASA1,502,32 49.162 (1) (g) “Wisconsin Works group” has the meaning given in s. 49.141 (1)
3(s).
AB64-ASA1,888 4Section 888 . 49.162 (2) of the statutes is renumbered 49.162 (2) (a) and
5amended to read:
AB64-ASA1,502,186 49.162 (2) (a) Beginning on the effective date of the rules promulgated under
7sub. (7), or on the effective date of the emergency rules promulgated under 2015
8Wisconsin Act 55, section 9106 (2c), whichever is earlier,
Except as provided in sub.
9(2m),
in order to participate in a program, an individual who applies to participate
10in a program or who registers for a program under sub. (1) (c) 3. , and, with respect
11to an individual applying for a program under sub. (1) (c) 4., all of the individual's
12group members
shall complete a controlled substance abuse screening
13questionnaire. If, on the basis of answers to the questionnaire the screening results,
14the administering agency determines that there is a reasonable suspicion that an
15individual who is otherwise eligible for a program or any of the individual's group
16members
is abusing a controlled substance, the administering agency shall require
17the individual or group member to undergo a test for the use of a controlled
18substance. If
AB64-ASA1,502,22 19(b) Except as provided in sub. (4m), if the individual or group member refuses
20to submit to a test under par. (a), the individual is not eligible to participate in a
21program until the individual or group member complies with the requirement to
22undergo a test for the use of a controlled substance.
AB64-ASA1,889 23Section 889 . 49.162 (2m) of the statutes is created to read:
AB64-ASA1,502,2524 49.162 (2m) (a) The screening and testing requirements under sub. (2) do not
25apply to an individual if the individual is any of the following:
AB64-ASA1,503,1
11. A custodial parent of a child who is 8 weeks old or less.
AB64-ASA1,503,32 2. A woman who is in a pregnancy that is medically verified and that is shown
3by medical documentation to be at risk.
AB64-ASA1,503,64 3. A participant in a Wisconsin Works employment position who moves to an
5unsubsidized employment position and receives case management services under s.
649.1475.
AB64-ASA1,503,77 4. A dependent child.
AB64-ASA1,503,98 (b) The screening and testing requirements under sub. (2) do not apply to a
9group member if the group member is any of the following:
AB64-ASA1,503,1010 1. A custodial parent of a child who is 8 weeks old or less.
AB64-ASA1,503,1211 2. A woman who is in a pregnancy that is medically verified and that is shown
12by medical documentation to be at risk.
AB64-ASA1,503,1413 3. Specified as exempt from the screening and testing requirements by
14department rule.
AB64-ASA1,890 15Section 890 . 49.162 (3) of the statutes is amended to read:
AB64-ASA1,503,2216 49.162 (3) If an individual or group member who undergoes a test under sub.
17(2) tests negative for the use of a controlled substance, or tests positive for the use
18of a controlled substance but presents evidence satisfactory to the administering
19agency that the individual or group member possesses a valid prescription for each
20controlled substance for which the individual or group member tests positive, the
21individual or group member will have satisfactorily completed the substance abuse
22testing requirements under this section.
AB64-ASA1,891 23Section 891 . 49.162 (4) (a) of the statutes is amended to read:
AB64-ASA1,504,624 49.162 (4) (a) If an individual or group member who undergoes a test under sub.
25(2) tests positive for the use of a controlled substance without presenting evidence

1of a valid prescription as described in sub. (3), the administering agency shall require
2the individual or group member to participate in substance abuse treatment to
3remain eligible to participate in a program. If the individual or group member
4refuses to participate in substance abuse treatment, the individual is not eligible to
5participate in a program until the individual or group member complies with the
6requirement to participate in substance abuse treatment.
AB64-ASA1,892 7Section 892 . 49.162 (4) (b) of the statutes is amended to read:
AB64-ASA1,504,258 49.162 (4) (b) During the time that an individual or group member is receiving
9substance abuse treatment under par. (a), the administering agency shall require
10the individual or group member to undergo random testing for the use of a controlled
11substance. For Except as provided in sub. (4m), for the individual to remain eligible
12for a program, the individual or his or her group member must cooperate with the
13testing and the results of the tests must be negative or, if any results are positive, the
14individual or group member must present evidence of a valid prescription as
15described in sub. (3). If the results of any test during treatment are positive for the
16use of a controlled substance and the individual or group member does not present
17evidence of a valid prescription for the controlled substance, the individual or group
18member
shall have the opportunity to begin the treatment again one time, as
19determined by the administering agency. If Except as provided in sub. (4m), if the
20individual or group member begins the substance abuse treatment again, he or she
21shall remain the individual remains eligible for a program as long as the results of
22all tests for the use of a controlled substance during the subsequent treatment are
23negative for the use of a controlled substance or, if any results are positive, the
24individual or group member presents evidence of a valid prescription for the
25controlled substance.
AB64-ASA1,893
1Section 893. 49.162 (4) (c) of the statutes is amended to read:
AB64-ASA1,505,72 49.162 (4) (c) If an individual or group member receiving treatment under par.
3(b) completes treatment and, at the conclusion of the treatment, tests negative for
4the use of a controlled substance or presents evidence of a valid prescription for any
5controlled substance for which the individual or group member tests positive, the
6individual or group member will have satisfactorily completed the substance abuse
7testing requirements under this section.
AB64-ASA1,894 8Section 894 . 49.162 (4m) of the statutes is created to read:
AB64-ASA1,505,179 49.162 (4m) (a) If an individual applying for a community service job under s.
1049.147 (4) or a transitional placement under s. 49.147 (5) or his or her group member
11undergoes a test under sub. (2), tests positive for the use of a controlled substance
12without presenting evidence of a valid prescription as described in sub. (3), and
13refuses to participate in substance abuse treatment under sub. (4) (a) or if the
14individual or his or her group member fails to cooperate with the testing or treatment
15requirements under sub. (4) (b), the individual remains eligible only for the monthly
16grant portion of the community service job or transitional placement under s. 49.148
17(1) (b) or (c) and only to the extent described in par. (b).
AB64-ASA1,505,2218 (b) 1. In determining the monthly grant for which an individual is eligible
19under par. (a), the department shall reduce the amount that would otherwise have
20been established under s. 49.148 (1) (b) or (c) by an amount that reflects the fact that
21the monthly grant is to be used exclusively for the benefit of the dependent children
22in the individual's Wisconsin Works group and not for the benefit of the individual.
AB64-ASA1,506,223 2. If an individual is eligible for a monthly grant under the circumstances
24described in par. (a), the department shall pay the monthly grant through a
25protective payee structure, under which the monthly grant is paid to a protective

1payee who is not the individual and who holds the money and uses it exclusively for
2the benefit of the dependent children in the individual's Wisconsin Works group.
AB64-ASA1,506,43 3. An individual's partial eligibility under par. (a) ends on the earlier of the
4following dates:
AB64-ASA1,506,65 a. The date on which the individual again becomes eligible for full participation
6in a Wisconsin Works employment position.
AB64-ASA1,506,97 b. Twelve months after the date on which the individual or his or her group
8member meets the circumstances described under par. (a), as determined by the
9department.
AB64-ASA1,895 10Section 895 . 49.162 (7) of the statutes is amended to read:
AB64-ASA1,506,1311 49.162 (7) The department shall promulgate rules to implement the substance
12abuse screening, testing, and treatment requirements under this section and the
13monthly grant eligibility and protective payee structure under sub. (4m)
.
AB64-ASA1,895g 14Section 895g. 49.1635 (4) of the statutes is amended to read:
AB64-ASA1,506,1615 49.1635 (4) Not more than 10 percent of the total funds received by the
16Wisconsin Trust Account Foundation under sub. (1) may be used for administration.
AB64-ASA1,895m 17Section 895m. 49.1635 (5) of the statutes is created to read:
AB64-ASA1,506,2218 49.1635 (5) (a) From the allocation under s. 49.175 (1) (j), the department shall
19make a grant of $500,000 in each fiscal year to Wisconsin Trust Account Foundation,
20Inc., for distribution of annual awards of not more than $75,000 per year per program
21to programs that provide legal services to persons who are eligible under par. (b) 2.
22if all of the following apply:
AB64-ASA1,507,223 1. Wisconsin Trust Account Foundation, Inc., submits a plan to the department
24detailing the proposed use of the grant; the proposed use of the grant conforms to the

1requirements under par. (b); and the secretary of the department, or his or her
2designee, approves the plan.
AB64-ASA1,507,63 2. Wisconsin Trust Account Foundation, Inc., enters into an agreement with
4the department that specifies the conditions for the use of the grant proceeds, and
5the conditions conform to the requirements under par. (b) and include training,
6reporting, and auditing requirements.
AB64-ASA1,507,87 3. Wisconsin Trust Account Foundation, Inc., agrees in writing to submit to the
8department the reports required under par. (c) by the times required under par. (c).
AB64-ASA1,507,119 (b) 1. Subject to subd. 3., the grant may be used only to provide legal services
10in civil matters related to domestic abuse, sexual abuse, or restraining orders or
11injunctions for individuals at risk under s. 813.123.
AB64-ASA1,507,2012 2. The recipients of the legal services under a grant under this subsection shall
13be individuals who are eligible for temporary assistance for needy families under 42
14USC 601
et seq. and whose gross incomes are at or below 200 percent of the poverty
15line. For purposes of this subdivision, gross income shall be determined in the same
16way as gross income is determined for purposes of eligibility for a Wisconsin Works
17employment position, as defined in s. 49.141 (1) (r), including the exclusion of any
18payments or benefits made under any federal law that exempts those payments or
19benefits from consideration in determining eligibility for any federal means-tested
20program.
AB64-ASA1,507,2321 3. The legal services provided by a grant under this subsection shall be provided
22only in matters for which federal temporary assistance for needy families block grant
23funds under 42 USC 601 et seq. may be used.
AB64-ASA1,507,2524 4. The grant proceeds may not be used for legal services for litigation against
25the state.
AB64-ASA1,508,9
1(c) For each fiscal year in which the department makes a grant under this
2subsection, Wisconsin Trust Account Foundation, Inc., shall submit to the
3department, within 3 months after spending the full amount of that grant, a report
4detailing how the grant proceeds were used. The department may not make a grant
5in a subsequent fiscal year unless Wisconsin Trust Account Foundation, Inc.,
6submits the report under this paragraph within the time required and the
7department determines that the grant proceeds were used in accordance with the
8approved plan under par. (a) 1., the agreement under par. (a) 2., and the
9requirements under par. (b).
AB64-ASA1,896 10Section 896 . 49.175 (1) (a) of the statutes is amended to read:
AB64-ASA1,508,1311 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits,
12$83,000,000 $42,500,000 in fiscal year 2015-16 2017-18 and $83,000,000
13$44,625,000 in fiscal year 2016-17 2018-19.
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