AB100: Bill Text

AB100,784,11 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, s. 1780 Section 1780 . 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,784,17 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, s. 1781 Section 1781 . 49.136 (2) (a) of the statutes is amended to read:

AB100,784,21 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, s. 1782 Section 1782 . 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,784,25 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, s. 1783 Section 1783 . 49.137 (2) (a) of the statutes is amended to read:

AB100,785,8 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, s. 1784 Section 1784 . 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,785,17 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, s. 1785 Section 1785 . 49.137 (3) (a) of the statutes is amended to read:

AB100,785,21 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, s. 1786 Section 1786 . 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,786,3 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, s. 1787 Section 1787 . 49.137 (4) (intro.) of the statutes is amended to read:

AB100,786,10 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, s. 1788 Section 1788 . 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,786,18 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, s. 1789 Section 1789. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138 (1m) (intro.), as renumbered, is amended to read:

AB100,787,10 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, s. 1790 Section 1790. 49.138 (1d) of the statutes is created to read:

AB100,787,12 49.138 (1d) In this section:

AB100,787,15 (a) "Administering agency" means the department or, if the department has contracted with a Wisconsin works agency under sub. (3), the Wisconsin works agency.

AB100,787,16 (b) "Needy person" has the meaning specified by the department by rule.

AB100, s. 1791 Section 1791. 49.138 (2) of the statutes is amended to read:

AB100,787,19 49.138 (2) Emergency assistance provided to a person under sub. (1) (1m) (c) may be provided once in a 12-month period.

AB100, s. 1792 Section 1792. 49.138 (3) of the statutes is created to read:

AB100,787,22 49.138 (3) The department may contract with a Wisconsin works agency to administer this section.

AB100, s. 1793 Section 1793. 49.138 (4) of the statutes is created to read:

AB100,788,5 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.

AB100,788,11 (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:

AB100,788,12 1. Withdraws the petition in writing.

AB100,788,15 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.

AB100,788,20 (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, s. 1794 Section 1794. 49.141 (1) (j) of the statutes is renumbered 49.141 (1) (j) (intro.) and amended to read:

AB100,788,23 49.141 (1) (j) (intro.) "Parent" means either a any of the following:

AB100,788,24 1. A biological parent, a.

AB100,789,2 2. A person who has consented to the artificial insemination of his wife under s. 891.40, or a.

AB100,789,3 3. A parent by adoption.

AB100, s. 1795 Section 1795. 49.141 (1) (j) 4. of the statutes is created to read:

AB100,789,7 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, s. 1796 Section 1796. 49.141 (1) (j) 5. of the statutes is created to read:

AB100,789,10 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, s. 1797 Section 1797. 49.141 (1) (p) of the statutes is amended to read:

AB100,789,16 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, s. 1798 Section 1798. 49.141 (2) (a) of the statutes is amended to read:

AB100,790,2 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, s. 1799 Section 1799. 49.141 (7) (c) of the statutes is created to read:

AB100,790,7 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:

AB100,790,11 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.

AB100,790,14 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.

AB100,790,17 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.

AB100,790,21 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, s. 1800 Section 1800. 49.141 (7) (d) of the statutes is created to read:

AB100,791,2 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, s. 1801 Section 1801. 49.143 (2) (a) 11. of the statutes is created to read:

AB100,791,8 49.143 (2) (a) 11. In a county having a population of 500,000 or more, provide a forum for those persons who are interested in the delivery of child welfare services in the area of that county served by the Wisconsin works agency to communicate with and make recommendations to the department of health and family services with respect to the delivery of child welfare services in that area.

AB100, s. 1802 Section 1802. 49.145 (2) (i) of the statutes is amended to read:

AB100,791,13 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, s. 1803 Section 1803. 49.145 (2) (n) of the statutes is renumbered 49.145 (2) (n) 1. (intro.) and amended to read:

AB100,791,22 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 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:

AB100,791,25 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.

AB100,792,4 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, s. 1804 Section 1804. 49.145 (2) (n) 1. b. of the statutes is created to read:

AB100,792,6 49.145 (2) (n) 1. b. A Wisconsin works employment position.

AB100, s. 1805 Section 1805. 49.145 (2) (n) 1. c. of the statutes is created to read:

AB100,792,11 49.145 (2) (n) 1. c. Any program in this state or in any other state funded by a federal block grant for temporary assistance for needy families under title I of P.L. 104-193, if the individual received benefits under that program that were attributable to funds provided by the federal government.

AB100, s. 1806 Section 1806. 49.145 (2) (n) 2. of the statutes is created to read:

AB100,792,20 49.145 (2) (n) 2. Except as provided in subd. 4., in calculating the number of months in which the individual participated under subd. 1., the Wisconsin works agency shall include any month in which any adult member of the Wisconsin works group participated in a Wisconsin works employment position, if the individual was a member of that Wisconsin works group during that month. If the individual becomes a member of a new Wisconsin works group in which another adult member has participated in any of the activities listed under subd. 1. a. to c., the Wisconsin works agency shall attribute to that individual the greater of the following:

AB100,792,22 a. The number of months in which the individual participated in any of the activities listed under subd. 1. a. to c.

AB100,792,25 b. The number of months in which the other adult member of the Wisconsin works group participated in any of the activities listed under subd. 1. a. to c. before the individual became a member of that Wisconsin works group.

AB100, s. 1807 Section 1807. 49.145 (2) (n) 4. of the statutes is created to read:

AB100,793,6 49.145 (2) (n) 4. In calculating the number of months under subds. 1. and 2., a Wisconsin works agency shall exclude any month during which any adult in the Wisconsin works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation or in an Alaskan Native village if, during that month, all of the following applied:

AB100,793,7 a. At least 1,000 individuals were living on the reservation or in the village.

AB100,793,9 b. At least 50% of the adults living on the reservation or in the village were unemployed.

AB100, s. 1808 Section 1808. 49.145 (2) (r) of the statutes is created to read:

AB100,793,12 49.145 (2) (r) The individual is not a fugitive felon under 42 USC 608 (a) (9) (A) (i).

AB100, s. 1809 Section 1809. 49.145 (2) (rm) of the statutes is created to read:

AB100,793,15 49.145 (2) (rm) The individual is not violating a condition of probation, parole or community supervision imposed under federal or state law.

AB100, s. 1810 Section 1810. 49.145 (2) (s) of the statutes is created to read:

AB100,794,9 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until that amount of benefits paid that represents the amount due as support or maintenance has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works may be considered assigned to this state. Any money received by the department in a month under an assignment to the state under this paragraph for a person applying for or participating in Wisconsin works may be paid to the individual applying for or participating in Wisconsin works.

AB100, s. 1811 Section 1811. 49.145 (2) (v) of the statutes is created to read:

AB100,794,13 49.145 (2) (v) The individual states in writing whether the individual has been convicted in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance, as defined in 21 USC 802 (6).

AB100, s. 1812 Section 1812. 49.145 (3) (b) 2. of the statutes is amended to read:

AB100,794,19 49.145 (3) (b) 2. Child support payments received by the individual on behalf of a child who is a member of the Wisconsin works group. The Wisconsin works agency shall not include child support payments received by the department under an assignment under sub. (2) (s) unless the department has distributed the money to the individual.