AB100: Bill Text Engrossed

****Note: This is reconciled s. 49.137 (2) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1056 Section 1056. 49.137 (3) (a) of the statutes is amended to read:

AB100-engrossed,488,20 49.137 (3) (a) From the allocation under s. 49.155 (1g) (b) (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).

****Note: This is reconciled s. 49.137 (3) (a). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1057 Section 1057. 49.137 (4) (intro.) of the statutes is amended to read:

AB100-engrossed,489,5 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.155 (1g) (b) (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:

****Note: This is reconciled s. 49.137 (4) (intro.). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1058 Section 1058. 49.137 (4m) of the statutes is amended to read:

AB100-engrossed,489,11 49.137 (4m) Local pass-through grant program. The 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.

AB100-engrossed, s. 1059 Section 1059. 49.1375 of the statutes is repealed.

AB100-engrossed, s. 1059b Section 1059b. 49.138 (1m) (intro.) of the statutes is amended to read:

AB100-engrossed,490,6 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) (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 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 or impending homelessness may be used only to obtain or retain 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, or to be facing impending homelessness, if any of the following applies:

AB100-engrossed, s. 1059d Section 1059d. 49.138 (2) of the statutes is repealed.

AB100-engrossed, s. 1059f Section 1059f. 49.143 (1) (ac) of the statutes is created to read:

AB100-engrossed,490,12 49.143 (1) (ac) 1. Except for a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body, a person who submits a bid in a competitive process under par. (a) 1. shall include with the proposal a filing fee of $50 and a statement of economic interests that discloses all of the following information:

AB100-engrossed,490,13 a. The person's assets and liabilities.

AB100-engrossed,490,14 b. The sources of the person's income.

AB100-engrossed,490,16 c. All of the person's other clients, as well as a description of the goods or services provided to those clients.

AB100-engrossed,490,18 d. The identity of all of the person's subsidiaries, affiliates, and parent companies, if any.

AB100-engrossed,490,23 2. Except for a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body, a Wisconsin Works agency that enters into a succeeding contract with the department under par. (a) 2. shall, before executing the succeeding contract, submit to the department a filing fee of $50 and a statement of economic interests that discloses the information specified in subd. 1. a. to d.

AB100-engrossed,491,3 3. One year after entering into a contract under par. (a) 1. or 2., a Wisconsin Works agency that is not a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body shall submit to the department a filing fee of $50 and an updated statement of economic interests that discloses the information specified in subd. 1. a. to d.

AB100-engrossed, s. 1059g Section 1059g. 49.143 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,491,10 49.143 (2) Contract requirements. (intro.) Each contract under sub. (1) shall contain performance-based incentives established by the department , as well as financial penalties that the department shall enforce against a Wisconsin Works agency that fails to serve Wisconsin Works participants as required under the contract. The contract shall require a Wisconsin works Works agency to do all of the following:

AB100-engrossed, s. 1059h Section 1059h. 49.143 (2) (g) of the statutes is created to read:

AB100-engrossed,491,16 49.143 (2) (g) If the Wisconsin Works agency is not a county department under s. 46.21, 46.22, or 46.23 or a tribal governing body, provide to the department, one year after the date on which the contract under sub. (1) was signed, a filing fee of $50 and an updated statement of economic interests that discloses the information specified in sub. (1) (ac) 1. a. to d.

AB100-engrossed, s. 1059t Section 1059t. 49.143 (4) of the statutes is renumbered 49.143 (4) (a).

AB100-engrossed, s. 1059u Section 1059u. 49.143 (4) (b) of the statutes is created to read:

AB100-engrossed,491,23 49.143 (4) (b) For a Wisconsin Works agency that is not a county department under s. 46.215, 46.22, or 46.23 or a tribal governing body, the department may select the auditor for the annual single financial audit required under federal law. The Wisconsin Works agency shall be required to pay for the annual single financial audit.

AB100-engrossed, s. 1059v Section 1059v. 49.143 (5) (c) of the statutes is amended to read:

AB100-engrossed,492,3 49.143 (5) (c) The Subject to sub. (5m) (b), the department may inspect at any time any Wisconsin works Works agency's records as the department determines is appropriate and necessary for the overall administration of Wisconsin works Works.

AB100-engrossed, s. 1059w Section 1059w. 49.143 (5m) of the statutes is created to read:

AB100-engrossed,492,7 49.143 (5m) Financial records. (a) Each Wisconsin Works agency shall maintain its financial records in accordance with generally accepted accounting principles.

AB100-engrossed,492,12 (b) To ensure that all expenditures of state and federal moneys related to Wisconsin Works are made in compliance with applicable state laws and rules, applicable federal laws and regulations, and the terms of the contracts between the Wisconsin Works agencies and the department, the department shall do all of the following:

AB100-engrossed,492,14 1. At least quarterly review the financial records of each Wisconsin Works agency that administers Wisconsin Works in any of the 10 most populous counties.

AB100-engrossed,492,16 2. At least annually review the financial records of each Wisconsin Works agency not specified in subd. 1.

AB100-engrossed,492,19 3. Periodically review the financial records of entities that have entered into subcontracts with Wisconsin Works agencies to provide goods or services related to Wisconsin Works.

AB100-engrossed, s. 1059x Section 1059x. 49.145 (2) (s) of the statutes is amended to read:

AB100-engrossed,493,16 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 Works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works 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 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 Works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works 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 the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works Works may be considered assigned to this state. Except as provided in s. 49.1455, any money that is received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin works Works and that is not the federal share of support shall be paid to the individual applying for or participating in Wisconsin works Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB100-engrossed, s. 1060m Section 1060m. 49.147 (4) (as) of the statutes is amended to read:

AB100-engrossed,494,5 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin works Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works Works agency to be appropriate for the participant at the time of application or review, but not to exceed less than 20 hours per week, nor more than 30 hours per week, for a participant in a full-time community service job placement. Except as provided in pars. (at) and (av), a Wisconsin works Works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week. The department shall monitor the number of hours that participants in community service job placements are required to work to ensure compliance with the requirements under this paragraph by Wisconsin Works agencies.

AB100-engrossed, s. 1060p Section 1060p. 49.147 (5) (bs) of the statutes is amended to read:

AB100-engrossed,494,16 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works Works agency may require a participant placed in a full-time transitional placement to engage in activities under par. (b) 1. for up to not less than 20 hours per week nor more than 28 hours per week. Except as provided in sub. (5m), a Wisconsin works Works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week. The department shall monitor the number of hours that participants in transitional placements are required to engage in activities under par. (b) 1. to ensure compliance with the requirements under this paragraph by Wisconsin Works agencies.

AB100-engrossed, s. 1061 Section 1061. 49.147 (6) (c) of the statutes is amended to read:

AB100-engrossed,494,21 49.147 (6) (c) Distribution and administration. From the appropriations appropriation under s. 20.445 (3) (dz), (jL), and (md), 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.

AB100-engrossed, s. 1069m Section 1069m. 49.153 of the statutes is created to read:

AB100-engrossed,495,2 49.153 Notice before taking certain actions. (1) Written and oral notice. Before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in Wisconsin Works, a Wisconsin Works agency shall do all of the following:

AB100-engrossed,495,4 (a) Provide to the participant written notice of the proposed action and of the reasons for the proposed action.

AB100-engrossed,495,7 (b) After providing written notice, explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.

AB100-engrossed,495,10 (c) After providing the notice under par. (a) and the explanation or the attempts to provide an explanation under par. (b), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

AB100-engrossed,495,13 (2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) and that define "reasonable attempts" for the purpose of sub. (1) (b) and "reasonable time" for the purpose of sub. (1) (c).

AB100-engrossed, s. 1075 Section 1075. 49.155 (1g) (b) of the statutes is amended to read:

AB100-engrossed,495,23 49.155 (1g) (b) From the appropriation appropriations under s. 20.445 (3) (cm), (kx), and (mc), distribute $7,593,500 in fiscal year 2003-04 and $7,597,300 $1,488,500 in each fiscal year 2004-05 for administering the child care program under this section, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (4m), for a child care scholarship and bonus program, and for administration of the department's office of child care and for 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.

****Note: This is reconciled s. 49.155 (1g) (b). This Section has been affected by drafts with the following LRB numbers: LRB-0404 and LRB-1662.

AB100-engrossed, s. 1076d Section 1076d. 49.155 (1g) (c) of the statutes is amended to read:

AB100-engrossed,496,5 49.155 (1g) (c) From the appropriation account under s. 20.445 (3) (mc), transfer $4,440,600 $4,438,200 in fiscal year 2003-04 2005-06 and $4,507,900 $4,440,500 in fiscal year 2004-05 2006-07 to the appropriation account under s. 20.435 (3) (kx).

AB100-engrossed, s. 1077d Section 1077d. 49.155 (1g) (d) of the statutes is created to read:

AB100-engrossed,496,11 49.155 (1g) (d) From the appropriation under s. 20.445 (3) (md), distribute $3,378,500 in fiscal year 2005-06 and $3,378,500 in fiscal year 2006-07 for grants under s. 49.134 (2) for child day care resource and referral services, for contracts under s. 49.137 (4) for training and technical assistance, for grants under s. 49.137 (4m), and for a child care scholarship and bonus program.

AB100-engrossed, s. 1077r Section 1077r. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,496,19 49.155 (1m) (a) (intro.) The individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following:

AB100-engrossed, s. 1078 Section 1078. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

AB100-engrossed,497,2 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5), a group home, or an independent living arrangement supervised by an adult.

AB100-engrossed, s. 1079s Section 1079s. 49.155 (1m) (b) 1. of the statutes is amended to read:

AB100-engrossed,497,4 49.155 (1m) (b) 1. Section 49.145 (2) (c), (f) and (g).

AB100-engrossed, s. 1080 Section 1080. 49.155 (1m) (bm) of the statutes is amended to read:

AB100-engrossed,497,10 49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.62 (5), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the individual child meets the requirement under s. 49.145 (2) (c).

AB100-engrossed, s. 1081 Section 1081. 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB100-engrossed,497,16 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.62 (5), the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.

AB100-engrossed, s. 1083m Section 1083m. 49.155 (6) (cm) of the statutes is created to read:

AB100-engrossed,497,20 49.155 (6) (cm) The department shall modify child care provider reimbursement rates established under pars. (a) to (c) so that reimbursement rates are lower for providers of after-school day care.

AB100-engrossed, s. 1085f Section 1085f. 49.161 (4) of the statutes is created to read:

AB100-engrossed,498,2 49.161 (4) Unrecoverable overpayments caused by Wisconsin Works agency error. If an overpayment under sub. (1), (2), or (3) resulted from an error or omission by a Wisconsin Works agency or a staff person of a Wisconsin Works agency and the department is unable to recover some or all of the overpayment from the individual who received it, the Wisconsin Works agency is liable to the department for the amount of the overpayment that the department is unable to recover.

AB100-engrossed, s. 1086 Section 1086. 49.175 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,498,7 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (cm), (dz), (jL), (jm), (k), (kx), (L), (mc), (md), (nL), and (me), and (s) the department shall allocate the following amounts for the following purposes:

****Note: This is reconciled s. 49.175 (1) (intro.). This Section has been affected by drafts with the following LRB numbers: LRB-0604, -1526, and -1662.

AB100-engrossed, s. 1087 Section 1087. 49.175 (1) (a) of the statutes is amended to read:

AB100-engrossed,498,14 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits provided under contracts having a term that begins on January 1, 2002, and ends on December 31, 2003, $33,219,700 in fiscal year 2003-04; and for Wisconsin Works benefits provided under contracts having a term that begins on January 1, 2004, and ends on December 31, 2005, $33,219,700, $59,184,700 in fiscal year 2003-04 2005-06 and $66,439,400 $51,930,000 in fiscal year 2004-05 2006-07.

AB100-engrossed, s. 1088 Section 1088. 49.175 (1) (b) of the statutes is amended to read:

AB100-engrossed,498,22 49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143 having a term that begins on January 1, 2002, and ends on December 31, 2003, $10,582,800 in fiscal year 2003-04; and for administration of Wisconsin Works performed under contracts under s. 49.143 having a term that begins on January 1, 2004, and ends on December 31, 2005, $10,582,900, $18,999,900 in fiscal year 2003-04 2005-06 and $21,165,700 $16,834,100 in fiscal year 2004-05 2006-07.

AB100-engrossed, s. 1089 Section 1089. 49.175 (1) (c) of the statutes is amended to read:

AB100-engrossed,499,4 49.175 (1) (c) Performance bonuses. For the payment of performance bonuses to Wisconsin Works agencies that have entered into contracts under s. 49.143 having a term that begins on January 1, 2002 2004, and that ends on December 31, 2003 2005, $0 in fiscal year 2003-04 2005-06.

AB100-engrossed, s. 1090 Section 1090. 49.175 (1) (f) of the statutes is amended to read:

AB100-engrossed,499,16 49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., provided under contracts under s. 49.143 having a term that begins on January 1, 2002, and ends on December 31, 2003, $27,803,300 in fiscal year 2003-04; and for program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., education and training, mentoring, and other services provided under contracts under s. 49.143 having a term that begins on January 1, 2004, and ends on December 31, 2005, $27,803,300, $49,534,800 in fiscal year 2003-04 2005-06 and $55,606,600 $43,463,000 in fiscal year 2004-05 2006-07.

AB100-engrossed, s. 1091 Section 1091. 49.175 (1) (g) of the statutes is amended to read:

AB100-engrossed,499,20 49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $18,484,600 $16,060,000 in each fiscal year.

AB100-engrossed, s. 1092 Section 1092. 49.175 (1) (m) of the statutes is amended to read:

AB100-engrossed,499,23 49.175 (1) (m) Children first. For services under the work experience program for noncustodial parents under s. 49.36, $1,140,000 $834,400 in each fiscal year.

AB100-engrossed, s. 1093 Section 1093. 49.175 (1) (n) of the statutes is repealed.

AB100-engrossed, s. 1094d Section 1094d. 49.175 (1) (p) of the statutes is amended to read:

AB100-engrossed,500,3 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $298,640,600 $310,332,100 in fiscal year 2003-04 2005-06 and $308,040,600 $313,432,100 in fiscal year 2004-05 2006-07.