SB40: Bill Text

SB40,650,16 (b) Start-up costs and capacity building. In the first year in which a grant under sub. (2) is awarded to an organization, the organization may use a portion of the grant to pay for start-up costs and capacity building related to the provision of home visitation services by the organization. The department shall determine the maximum amount of a grant that an organization may use to pay for those start-up costs and that capacity building.

SB40,650,25 (4) Confidentiality. (a) Nondisclosure of information; exceptions. No person may use or disclose any information concerning an individual who is offered home visitation services under sub. (3) (a), including an individual who declines to receive those services, or concerning an individual who is provided with a referral under sub. (3) (a), including an individual who declines the referral, unless disclosure of the information is required or permitted under s. 48.981 (2), the use or disclosure of the information is connected to the administration of the program under this section, or the individual has given his or her written informed consent to the use or disclosure of the information.

SB40,651,4 (b) Explanation of confidentiality requirements. An organization that receives a grant under sub. (2) shall provide or designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered home visitation services under sub. (3) (a) by the organization.

SB40,651,14 (5) Notification of parent prior to making abuse or neglect report. If a person who is providing home visitation services under sub. (3) (a) determines that he or she is required or permitted to make a report under s. 48.981 (2) about a child in a family to which the person is providing those services, the person shall, prior to making the report under s. 48.981 (2), make a reasonable effort to notify the child's parent that a report under s. 48.981 (2) will be made and to encourage the parent to contact a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, the department to request assistance. The notification requirements under this subsection do not affect the reporting requirements under s. 48.981 (2).

SB40,651,18 (6) Informational materials. Any informational materials about the home visitation services provided under sub. (3) (a) that are distributed to a person who is offered or who is receiving those services shall state the sources of funding for the services.

SB40, s. 1383 Section 1383. 48.985 (1) of the statutes is amended to read:

SB40,651,25 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) 20.437 (1) (n), the department shall expend not more than $273,700 in each fiscal year of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626 and for child abuse and neglect and unborn child abuse independent investigations.

SB40, s. 1384 Section 1384. 48.985 (2) of the statutes is amended to read:

SB40,652,8 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) 20.437 (1) (o), the department shall distribute not more than $3,809,600 $3,554,300 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.

SB40, s. 1385 Section 1385. 48.985 (4) of the statutes is amended to read:

SB40,652,11 48.985 (4) Runaway services. From the appropriation under s. 20.435 (3) 20.437 (1) (na) for runaway services, not more than $458,600 in each fiscal year.

SB40, s. 1386 Section 1386. 48.985 (5) of the statutes is repealed.

SB40, s. 1387 Section 1387. 48.989 (1) (a) of the statutes is amended to read:

SB40,652,15 48.989 (1) (a) "Appropriate authority in the receiving state" means the department of health and family services.

SB40, s. 1388 Section 1388. 48.989 (1) (b) of the statutes is amended to read:

SB40,652,19 48.989 (1) (b) "Appropriate public authorities" means the department of health and family services, which shall receive and act with reference to notices required by s. 48.988 (3).

SB40, s. 1389 Section 1389. Chapter 49 (title) of the statutes is amended to read:

SB40,652,21 chapter 49

SB40,652,23 public assistance and children and family services

SB40, s. 1390 Section 1390. 49.001 (9) of the statutes is amended to read:

SB40,653,4 49.001 (9) "Wisconsin works Works agency" means a person under contract under s. 49.143 to administer Wisconsin works Works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works Works agency" means the department of workforce development children and families.

SB40, s. 1391 Section 1391. 49.02 (2) (c) of the statutes is repealed.

SB40, s. 1392 Section 1392. 49.025 (2) (a) 2. of the statutes is amended to read:

SB40,653,11 49.025 (2) (a) 2. The department shall subtract from the amount determined under subd. 1. amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) in that year and amounts paid on behalf of individuals in that county under the demonstration project under s. 49.45 (23) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.

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

SB40,653,17 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, s. 1394 Section 1394. Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is amended to read:

SB40,653,20 chapter 49

SB40,653,21 subchapter III

SB40,653,23 economic children and family support and work programs services

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

SB40,654,2 49.11 (1) "Department" means the department of workforce development children and families.

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

SB40,654,5 49.11 (2) "Secretary" means the secretary of workforce development children and families.

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

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

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

SB40,654,20 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, s. 1400 Section 1400. 49.13 (2) (b) of the statutes is renumbered 49.79 (9) (a) 2. and amended to read:

SB40,655,2 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, s. 1401 Section 1401. 49.13 (2) (bm) of the statutes is renumbered 49.79 (9) (a) 3. and amended to read:

SB40,655,9 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, s. 1402 Section 1402. 49.13 (2) (cm) of the statutes is renumbered 49.79 (9) (a) 4.

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

SB40,655,22 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, s. 1404 Section 1404. 49.13 (3) (intro.) of the statutes is renumbered 49.79 (9) (b) (intro.) and amended to read:

SB40,656,3 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, s. 1405 Section 1405. 49.13 (3) (a) of the statutes is renumbered 49.79 (9) (b) 1. and amended to read:

SB40,656,8 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, s. 1406 Section 1406. 49.13 (3) (b) of the statutes is renumbered 49.79 (9) (b) 2. and amended to read:

SB40,656,13 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, s. 1407 Section 1407. 49.13 (3) (c) of the statutes is renumbered 49.79 (9) (b) 3. and amended to read:

SB40,656,18 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, s. 1408 Section 1408. 49.138 (1m) (intro.) of the statutes is amended to read:

SB40,657,8 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, s. 1409 Section 1409. 49.143 (2) (b) of the statutes is amended to read:

SB40,657,21 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, s. 1410 Section 1410. 49.147 (3m) of the statutes is created to read:

SB40,658,2 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.

SB40,658,7 (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.

SB40,658,11 2. The project shall be limited to 500 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.

SB40,658,20 (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:

SB40,658,21 1. Federal social security taxes.

SB40,658,22 2. State and federal unemployment contributions or taxes, if any.

SB40,658,23 3. Worker's compensation insurance premiums, if any.

SB40,659,5 (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.

SB40,659,9 (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.

SB40,659,18 (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, s. 1411 Section 1411. 49.147 (6) (c) of the statutes is amended to read:

SB40,659,23 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, s. 1412 Section 1412. 49.147 (6) (cm) 1. of the statutes is amended to read:

SB40,660,8 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, s. 1413 Section 1413. 49.148 (1m) (title) of the statutes is amended to read:

SB40,660,10 49.148 (1m) (title) Custodial parent of infant; unmarried, pregnant woman.

SB40, s. 1414 Section 1414. 49.148 (1m) (a) (intro.) of the statutes is created to read:

SB40,660,13 49.148 (1m) (a) (intro.) Any of the following may receive a monthly grant of $673:

SB40, s. 1415 Section 1415. 49.148 (1m) (a) of the statutes is renumbered 49.148 (1m) (a) 1. and amended to read:

SB40,660,22 49.148 (1m) (a) 1. A An individual who meets the eligibility requirements under s. 49.145 (2) and (3) and who is a custodial parent of a child who is 12 26 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673, unless another adult member of the custodial parent's Wisconsin works Works group is participating in, or is eligible to participate in, a Wisconsin works Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c).

SB40,661,4 (bm) A Wisconsin works Works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.

SB40, s. 1416 Section 1416. 49.148 (1m) (a) 2. of the statutes is created to read:

SB40,661,10 49.148 (1m) (a) 2. An unmarried woman who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child and who is in the 3rd trimester of a pregnancy that is medically verified and that is shown by medical documentation to be at risk and to render the woman unable to participate in the workforce.

SB40, s. 1417 Section 1417. 49.148 (1m) (b) of the statutes is renumbered 49.148 (1m) (c) 1. and amended to read:

SB40,661,23 49.148 (1m) (c) 1. Receipt of a grant under this subsection by a participant under par. (a) 1. constitutes participation in a Wisconsin works Works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b), or (5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position unless the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) , or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or in violation of s. 948.02 or 948.025 or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.

SB40, s. 1418 Section 1418. 49.148 (1m) (c) (intro.) of the statutes is created to read:

SB40,662,2 49.148 (1m) (c) (intro.) For purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:

SB40, s. 1419 Section 1419. 49.148 (1m) (c) 2. of the statutes is created to read:

SB40,662,6 49.148 (1m) (c) 2. Receipt of a grant under this subsection by a participant under par. (a) 2. does not constitute participation in a Wisconsin Works employment position.