AB100,780,2319
49.127
(8) (f) Notwithstanding par. (d), in addition to the penalties applicable
20under par. (a), (b) or (c), the court shall suspend from the food stamp program for a
21period of 10 years a person who fraudulently misstates or misrepresents his or her
22identity or place of residence for the purpose of receiving multiple benefits
23simultaneously under the food stamp program.
AB100, s. 1766
1Section
1766. 49.131 (1) of the statutes is renumbered 49.155 (1) (ag) and
2amended to read:
AB100,781,53
49.155
(1) (ag)
In this section, "child "Child care provider" means a provider
4licensed under s. 48.65, certified under s. 48.651 or established or contracted for
5under s. 120.13 (14).
AB100, s. 1767
6Section
1767. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g)
7(intro.) and amended to read:
AB100,781,108
49.155
(1g) (intro.) Subject to sub.
(4) (1j) and s. 16.54 (2), the department shall,
9within the limits of the availability of the federal child care and development block
10grant funds received under
42 USC 9858, do all of the following:
AB100, s. 1768
11Section
1768. 49.131 (2) (a) of the statutes is repealed.
AB100, s. 1769
12Section
1769. 49.131 (2) (b) 1. and (c) 1., 2., 3. and 4. of the statutes are
13consolidated, renumbered 49.131 (2) (b) 1m. and amended to read:
AB100,782,814
49.131
(2) (b) 1m. From the appropriation under s. 20.445 (3) (mc), distribute
15$190,800 $4,315,000 in fiscal year
1995-96 1997-98 and
$197,700
$4,315,000 in
16fiscal year
1996-97 1998-99 for the purposes of providing technical assistance for
17child care providers and of administering the child care
programs funded under s.
1820.445 (3) (cp) and (md). (c) 1. For program under this section and for grants under
19s. 49.136 (2) for the start-up and expansion of child day care services, and for child
20day care start-up and expansion planning,
$430,000 in fiscal year 1995-96 and 21$226,400 in fiscal year 1996-97. 2. For for grants under s. 49.134 (2) for child day
22care resource and referral services,
$960,000 in fiscal year 1995-96 and $960,000,
23in fiscal year 1996-97. 3. For for grants under s. 49.137 (3) to assist child care
24providers in meeting the quality of care standards established under
s. 49.132 (4) (e) 25sub. (1d) and for a system of rates or a program of grants, as provided under
s. 49.132
1(4) (e) sub. (1d), to reimburse child care providers that meet those quality of care
2standards
, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97.
3If an amount distributed under this subdivision will not be fully expended, the
4department may transfer the unexpended funds to the distribution under subd. 4.
54. For and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve
6the quality of child day care services in this state
, $450,000 in fiscal year 1995-96
7and $450,000 in fiscal year 1996-97, plus any amounts that the department
8transfers to this distribution under subd. 3.
AB100, s. 1770
9Section
1770. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin
10Act .... (this act), is renumbered 49.155 (1g) (b).
AB100, s. 1771
11Section
1771. 49.131 (2) (b) 2. of the statutes is amended to read:
AB100,782,1512
49.131
(2) (b) 2. From the appropriation under s. 20.445 (3) (mc) transfer
13$1,026,800 $1,687,400 in fiscal year
1996-97 1997-98 and $1,687,400 in fiscal year
141998-99 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care
15center licensing under s. 48.65.
AB100, s. 1772
16Section
1772. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin
17Act .... (this act), is renumbered 49.155 (1g) (c).
AB100, s. 1773
18Section
1773. 49.131 (2) (c) (intro.) of the statutes is repealed.
AB100, s. 1774
19Section
1774. 49.131 (3) of the statutes is repealed.
AB100, s. 1775
20Section
1775. 49.131 (4) of the statutes is renumbered 49.155 (1j) and
21amended to read:
AB100,783,1122
49.155
(1j) If the department receives unanticipated federal child care and
23development block grant funds under
42 USC 9858 and it proposes to allocate the
24unanticipated funds so that an allocation limit in sub.
(2) (1g) is exceeded, the
25department shall submit a plan for the proposed allocation to the secretary of
1administration. If the secretary of administration approves the plan, he or she shall
2submit it to the joint committee on finance. If the cochairpersons of the committee
3do not notify the secretary of administration
within 14 working days after the date
4of his or her submittal that the committee has scheduled a meeting for the purpose
5of reviewing the plan
within 14 working days after the date of his or her submittal,
6the department may implement the plan, notwithstanding any allocation limit
7under sub.
(2) (1g). If within 14 working days after the date of the submittal by the
8secretary of administration the cochairpersons of the committee notify him or her
9that the committee has scheduled a meeting for the purpose of reviewing the plan,
10the department may implement the plan, notwithstanding sub.
(2) (1g), only with the
11approval of the committee.
AB100, s. 1776
12Section
1776. 49.132 (2) (a) of the statutes is amended to read:
AB100,783,1913
49.132
(2) (a)
The Within the limits of available federal funds and from the
14appropriation under s. 20.445 (3) (cm) the department shall distribute
the funds
15allocated under s. 49.13 for at-risk and low-income child care services under subs.
16(2m) and (3) to county departments under s. 46.215, 46.22 or 46.23 and to private
17nonprofit
child care providers who agencies that provide child care for the children
18of migrant workers
or shall reimburse child care providers who provide at-risk and
19low-income child care.
AB100, s. 1777
20Section
1777. 49.132 (4) (am) of the statutes is amended to read:
AB100,784,221
49.132
(4) (am) A parent who is gainfully employed, or who is less than 20 years
22of age and is enrolled in an educational program, who is in need of child care services
23and who applies for aid on or after May 10, 1996, is eligible for aid under this section
24if the family income of the applicant is equal to or less than 165% of the poverty line.
25An applicant who is eligible under this paragraph and who began receiving aid under
1this section on or after May 10, 1996, continues to be eligible for aid under this section
2until the family income of the applicant is greater than 200% of the poverty line.
AB100, s. 1778
3Section
1778. 49.132 (6) of the statutes is amended to read:
AB100,784,64
49.132
(6) Sunset. This section does not apply beginning on
the first day of the
56th month beginning after the date specified in the notice under s. 49.141 (2) (d) 6October 1, 1997.
AB100, s. 1779
7Section
1779. 49.134 (2) (a) of the statutes is amended to read:
AB100,784,118
49.134
(2) (a) From the allocation under s.
49.131 (2) (c) 2. 49.131 (2) (b) 1m.,
9the department shall make grants to local agencies to fund child care resource and
10referral services provided by those local agencies. The department shall provide an
11allocation formula to determine the amount of a grant awarded under this section.
AB100, s. 1780
12Section
1780
. 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
13.... (this act), is amended to read:
AB100,784,1714
49.134
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
15department shall make grants to local agencies to fund child care resource and
16referral services provided by those local agencies. The department shall provide an
17allocation formula to determine the amount of a grant awarded under this section.
AB100, s. 1781
18Section
1781
. 49.136 (2) (a) of the statutes is amended to read:
AB100,784,2119
49.136
(2) (a) From the allocation under s.
49.131 (2) (c) 1. 49.131 (2) (b) 1m.,
20the department shall award grants for the start-up or expansion of child care
21services.
AB100, s. 1782
22Section
1782
. 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
23.... (this act), is amended to read:
AB100,784,2524
49.136
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
25department shall award grants for the start-up or expansion of child care services.
AB100, s. 1783
1Section
1783
. 49.137 (2) (a) of the statutes is amended to read:
AB100,785,82
49.137
(2) (a) From the allocation under s.
49.131 (2) (c) 4. 49.131 (2) (b) 1m.,
3the department may award grants to child care providers that meet the quality of
4care standards established under s.
49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to
5improve the retention of skilled and experienced child care staff. In awarding grants
6under this subsection, the department shall consider the applying child care
7provider's total enrollment of children and average enrollment of children who
8receive or are eligible for publicly funded care from the child care provider.
AB100, s. 1784
9Section
1784
. 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
10.... (this act), is amended to read:
AB100,785,1711
49.137
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
12department may award grants to child care providers that meet the quality of care
13standards established under s.
49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve
14the retention of skilled and experienced child care staff. In awarding grants under
15this subsection, the department shall consider the applying child care provider's
16total enrollment of children and average enrollment of children who receive or are
17eligible for publicly funded care from the child care provider.
AB100, s. 1785
18Section
1785
. 49.137 (3) (a) of the statutes is amended to read:
AB100,785,2119
49.137
(3) (a) From the allocation under s.
49.131 (2) (c) 3. 49.131 (2) (b) 1m.,
20the department may award grants to child care providers for assistance in meeting
21the quality of care standards established under s.
49.132 (4) (e) 49.155 (1d) (b).
AB100, s. 1786
22Section
1786
. 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
23.... (this act), is amended to read:
AB100,786,3
149.137
(3) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
2department may award grants to child care providers for assistance in meeting the
3quality of care standards established under s.
49.132 (4) (e) 49.155 (1d) (b).
AB100, s. 1787
4Section
1787
. 49.137 (4) (intro.) of the statutes is amended to read:
AB100,786,105
49.137
(4) Training and technical assistance contracts. (intro.) From the
6allocation under s.
49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may contract
7with one or more agencies for the provision of training and technical assistance to
8improve the quality of child care provided in this state. The training and technical
9assistance activities contracted for under this subsection may include any of the
10following activities:
AB100, s. 1788
11Section
1788
. 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin
12Act .... (this act), is amended to read:
AB100,786,1813
49.137
(4) Training and technical assistance contracts. (intro.) From the
14allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the department may contract
15with one or more agencies for the provision of training and technical assistance to
16improve the quality of child care provided in this state. The training and technical
17assistance activities contracted for under this subsection may include any of the
18following activities:
AB100, s. 1789
19Section
1789. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138
20(1m) (intro.), as renumbered, is amended to read:
AB100,787,1021
49.138
(1m) (intro.) The department shall implement a program of emergency
22assistance to needy persons in cases of fire, flood, natural disaster, homelessness or
23energy crisis.
Eligibility shall not exceed the limitations for federal participation
24defined by applicable federal laws and regulations. The department shall establish
25the maximum amount of aid to be granted, except for cases of energy crisis, per family
1member based on the funding available under s. 20.445 (3) (dc) and
(p) (md). The
2department need not establish the maximum amount by rule under ch. 227. The
3department shall publish the maximum amount and annual changes to it in the
4Wisconsin administrative register.
Emergency assistance provided to needy persons
5under this section in cases of fire, flood, natural disaster or energy crisis may only
6be provided to a needy person once in a 12-month period. Emergency assistance
7provided to needy persons under this section in cases of homelessness may be used
8only to obtain a permanent living accommodation and, except as provided in sub. (2),
9may only be provided to a needy person once in a 36-month period. For the purposes
10of this section, a family is considered to be homeless if any of the following applies:
AB100, s. 1790
11Section
1790. 49.138 (1d) of the statutes is created to read:
AB100,787,1212
49.138
(1d) In this section:
AB100,787,1513
(a) "Administering agency" means the department or, if the department has
14contracted with a Wisconsin works agency under sub. (3), the Wisconsin works
15agency.
AB100,787,1616
(b) "Needy person" has the meaning specified by the department by rule.
AB100, s. 1791
17Section
1791. 49.138 (2) of the statutes is amended to read:
AB100,787,1918
49.138
(2) Emergency assistance provided to a person under sub.
(1) (1m) (c)
19may be provided once in a 12-month period.
AB100, s. 1792
20Section
1792. 49.138 (3) of the statutes is created to read:
AB100,787,2221
49.138
(3) The department may contract with a Wisconsin works agency to
22administer this section.
AB100, s. 1793
23Section
1793. 49.138 (4) of the statutes is created to read:
AB100,788,524
49.138
(4) (a) Any individual whose application for emergency assistance
25under this section is not acted upon with reasonable promptness after the filing of
1the application, as defined by the department by rule, or is denied in whole or in part,
2or who believes that the assistance amount was calculated incorrectly, may petition
3the administering agency for a review of such action. Review is unavailable if the
4action by the administering agency occurred more than 45 days prior to submission
5of the petition for review.
AB100,788,116
(b) Upon a timely petition under par. (a), the administering agency shall give
7the petitioner reasonable notice and opportunity for a review. The administering
8agency shall render its decision as soon as possible after the review and shall send
9by 1st class mail a certified copy of its decision to the petitioner. The administering
10agency shall deny a petition for a review or shall refuse to grant relief if the petitioner
11does any of the following:
AB100,788,1212
1. Withdraws the petition in writing.
AB100,788,1513
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear
14in person or by representative at a scheduled review without good cause, as defined
15by the department by rule.
AB100,788,2016
(c) If the administering agency is a Wisconsin works agency, the department
17may review the decision of the Wisconsin works agency if, within 14 days after the
18date on which the certified copy of the decision of the Wisconsin works agency is
19mailed, the applicant or participant petitions the department for a review of that
20decision.
AB100, s. 1794
21Section
1794. 49.141 (1) (j) of the statutes is renumbered 49.141 (1) (j) (intro.)
22and amended to read:
AB100,788,2323
49.141
(1) (j) (intro.) "Parent" means
either a any of the following:
AB100,788,24
241. A biological parent
, a.
AB100,789,2
12. A person who has consented to the artificial insemination of his wife under
2s. 891.40
, or a.
AB100,789,3
33. A parent by adoption.
AB100, s. 1795
4Section
1795. 49.141 (1) (j) 4. of the statutes is created to read:
AB100,789,75
49.141
(1) (j) 4. A man adjudged in a judicial proceeding to be the biological
6father of a child if the child is a nonmarital child who is not adopted or whose parents
7do not subsequently intermarry under s. 767.60.
AB100, s. 1796
8Section
1796. 49.141 (1) (j) 5. of the statutes is created to read:
AB100,789,109
49.141
(1) (j) 5. A man who has signed and filed with the state registrar under
10s. 69.15 (3) (b) 3. a statement acknowledging paternity.
AB100, s. 1797
11Section
1797. 49.141 (1) (p) of the statutes is amended to read:
AB100,789,1612
49.141
(1) (p) "Wisconsin works" means the assistance program for families
13with dependent children, administered under ss. 49.141 to 49.161
, except that
14"Wisconsin works" does not include the Wisconsin works health plan under s. 49.153,
15unless a waiver under s. 49.153 (1m) is granted and in effect or federal legislation
16that permits the application of s. 49.153 is enacted.
AB100, s. 1798
17Section
1798. 49.141 (2) (a) of the statutes is amended to read:
AB100,790,218
49.141
(2) (a) If necessary, the department shall request a waiver from the
19secretaries of the federal department of health and human services, the federal
20department of agriculture and the federal social security administration or shall
21seek the passage of federal legislation to permit the department to conduct the
22Wisconsin works program in lieu of the aid to families with dependent children
23program under s. 49.19, the job opportunities and basic skills program under s.
2449.193, the parental responsibility pilot program under s. 49.25 and the
25work-not-welfare program under s. 49.27 and as part of the food stamp program
1under
7 USC 2011 to
2029 and the medical assistance program under 42 USC 1396
2to 1396u.
AB100, s. 1799
3Section
1799. 49.141 (7) (c) of the statutes is created to read:
AB100,790,74
49.141
(7) (c) Except as provided in par. (d), in addition to the penalties
5applicable under par. (a) or (b), a person shall be suspended from participating in
6Wisconsin works, except s. 49.153, for a period of 10 years, beginning on the date of
7conviction, if the person is convicted in a federal or state court for any of the following:
AB100,790,118
1. Violating sub. (6) (a) with respect to his or her identity or place of residence
9for the purpose of receiving simultaneously from this state and at least one other
10state assistance funded by a block grant under Title I of the Federal Personal
11Responsibility and Work Opportunity Reconciliation Act of 1996.
AB100,790,1412
2. Fraudulently misstating or misrepresenting his or her identity or place of
13residence for the purpose of receiving simultaneously from this state and at least one
14other state benefits under the medical assistance program under
42 USC 1396 et seq.
AB100,790,1715
3. Fraudulently misstating or misrepresenting his or her identity or place of
16residence for the purpose of receiving simultaneously in this state and at least one
17other state benefits under the federal food stamp program under
7 USC 2011 to
2029.
AB100,790,2118
4. Fraudulently misstating or misrepresenting his or her identity or place of
19residence for the purpose of receiving simultaneously in this state and at least one
20other state benefits under the federal supplemental security income program under
2142 USC 1381 to
1383d.
AB100, s. 1800
22Section
1800. 49.141 (7) (d) of the statutes is created to read:
AB100,791,223
49.141
(7) (d) A person who has been suspended from participating in
24Wisconsin works under par. (c) and whom the president of the United States has
25pardoned with respect to the conduct for which the person had been suspended may
1have his or her eligibility to participate in Wisconsin works reinstated beginning on
2the first day of the first month beginning after the pardon.
AB100, s. 1801
3Section
1801. 49.143 (2) (a) 11. of the statutes is created to read:
AB100,791,84
49.143
(2) (a) 11. In a county having a population of 500,000 or more, provide
5a forum for those persons who are interested in the delivery of child welfare services
6in the area of that county served by the Wisconsin works agency to communicate with
7and make recommendations to the department of health and family services with
8respect to the delivery of child welfare services in that area.
AB100, s. 1802
9Section
1802. 49.145 (2) (i) of the statutes is amended to read:
AB100,791,1310
49.145
(2) (i) The individual is not receiving supplemental security income
11under
42 USC 1381 to
1383c or state supplemental payments under s. 49.77
and, if
12the individual is a dependent child, the custodial parent of the individual does not
13receive a payment on behalf of the individual under s. 49.775.