SB40: Bill Text

SB40,663,12 49.155 (1m) Eligibility. (intro.) A Wisconsin works Works agency shall determine eligibility for a child care subsidy under this section. Under this section, subject to any waiting list placement under sub. (2), an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

SB40, s. 1425 Section 1425. 49.155 (1m) (a) 3m. of the statutes is amended to read:

SB40,663,15 49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.13 49.79 (9).

SB40, s. 1426 Section 1426. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

SB40,664,2 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., and 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section on the effective date of this subdivision .... [revisor inserts date], the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works Works agency shall include income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the Wisconsin works Works agency shall include the sum of the following:

SB40, s. 1427 Section 1427. 49.155 (1m) (c) 1c. of the statutes is created to read:

SB40,664,13 49.155 (1m) (c) 1c. Except as provided in subds. 1g. and 1h., for an individual who, on or after the effective date of this subdivision .... [revisor inserts date], applies for a child care subsidy under this section or reapplies for a child care subsidy under this section after losing eligibility, the gross income of the individual's family when the individual applies or reapplies is at or below 175 percent of the poverty line for a family the size of the individual's family and, after the individual is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 190 percent of the poverty line for a family the size of the individual's family. The Wisconsin Works agency shall calculate the gross income of the family in the same manner as gross income is calculated under subd. 1.

SB40, s. 1428 Section 1428. 49.155 (1m) (c) 1m. of the statutes is repealed.

SB40, s. 1429 Section 1429. 49.155 (1m) (c) 2. of the statutes is repealed.

SB40, s. 1430 Section 1430. 49.155 (1m) (c) 3. of the statutes is repealed.

SB40, s. 1431 Section 1431. 49.155 (2) of the statutes is created to read:

SB40,664,23 49.155 (2) Waiting list. (a) If the department determines that projected child care subsidies under this section will likely exceed the amount of funding allocated for child care subsidies under s. 49.175 (1) (p), the department may implement a prioritized waiting list system for applicants who are otherwise eligible for a child care subsidy under sub. (1m). Under the system, an applicant on the waiting list would not receive a child care subsidy until funding became sufficient.

SB40,665,3 (b) Notwithstanding par. (a), an applicant for a child care subsidy who is eligible under sub. (1m) and who is participating in a work component of Wisconsin Works under s. 49.147 may not be placed on a waiting list.

SB40, s. 1432 Section 1432. 49.155 (3) (a) of the statutes is amended to read:

SB40,665,8 49.155 (3) (a) A Subject to any waiting list placement under sub. (2), a Wisconsin works Works agency shall refer an individual who has been determined eligible under sub. (1m) to a county department under s. 46.215, 46.22 , or 46.23 for child care assistance.

SB40, s. 1433 Section 1433. 49.159 (4) of the statutes is amended to read:

SB40,665,14 49.159 (4) Pregnant women. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.

SB40, s. 1434 Section 1434. 49.1635 (1) of the statutes is amended to read:

SB40,665,23 49.1635 (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.

SB40, s. 1435 Section 1435. 49.175 (1) (intro.) of the statutes is amended to read:

SB40,666,4 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s), the department shall allocate the following amounts for the following purposes:

SB40, s. 1436 Section 1436. 49.175 (1) (a) of the statutes is amended to read:

SB40,666,8 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $59,184,700 $48,276,900 in fiscal year 2005-06 2007-08 and $51,930,000 $51,003,200 in fiscal year 2006-07 2008-09.

SB40, s. 1437 Section 1437. 49.175 (1) (b) of the statutes is amended to read:

SB40,666,13 49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $18,999,900 $13,201,100 in fiscal year 2005-06 2007-08 and $16,834,100 $13,201,100 in fiscal year 2006-07 2008-09.

SB40, s. 1438 Section 1438. 49.175 (1) (c) of the statutes is repealed.

SB40, s. 1439 Section 1439. 49.175 (1) (f) of the statutes is amended to read:

SB40,666,19 49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $49,534,800 $38,604,400 in fiscal year 2005-06 2007-08 and $43,463,000 $40,066,300 in fiscal year 2006-07 2008-09.

SB40, s. 1440 Section 1440. 49.175 (1) (g) of the statutes is amended to read:

SB40,666,23 49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $16,060,000 $17,577,500 in each fiscal year 2007-08 and $17,807,000 in fiscal year 2008-09.

SB40, s. 1441 Section 1441. 49.175 (1) (i) of the statutes is amended to read:

SB40,667,3 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $4,500,000 $8,900,000 in each fiscal year 2007-08 and $9,400,000 in fiscal year 2008-09.

SB40, s. 1442 Section 1442. 49.175 (1) (p) of the statutes is amended to read:

SB40,667,7 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $310,332,100 $314,888,400 in fiscal year 2005-06 2007-08 and $313,432,100 $315,821,900 in fiscal year 2006-07 2008-09.

SB40, s. 1443 Section 1443. 49.175 (1) (q) of the statutes is amended to read:

SB40,667,11 49.175 (1) (q) Indirect child care services. For indirect child care services under s. 49.155 (1g), $9,926,700 $7,081,900 in fiscal year 2005-06 2007-08 and $9,929,000 $6,480,200 in fiscal year 2006-07 2008-09.

SB40, s. 1444 Section 1444. 49.175 (1) (qm) of the statutes is amended to read:

SB40,667,15 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (d), $3,378,500 $4,578,500 in each fiscal year.

SB40, s. 1445 Section 1445. 49.175 (1) (r) of the statutes is repealed.

SB40, s. 1446 Section 1446. 49.175 (1) (s) of the statutes is created to read:

SB40,667,19 49.175 (1) (s) Grants to Educare Center of Milwaukee. For grants to the Educare Center of Milwaukee, $750,000 in each fiscal year.

SB40, s. 1447 Section 1447. 49.175 (1) (z) of the statutes is amended to read:

SB40,667,25 49.175 (1) (z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $300,000 $350,000 in each fiscal year.

SB40, s. 1448 Section 1448. 49.175 (1) (ze) (title) of the statutes is amended to read:

SB40,668,3 49.175 (1) (ze) (title) Programs administered by the department of health and family services relating to children and families.

SB40, s. 1449 Section 1449. 49.175 (1) (ze) 1. of the statutes is amended to read:

SB40,668,8 49.175 (1) (ze) 1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,034,200 in fiscal year 2005-06 and $22,686,300 $23,655,000 in each fiscal year 2006-07.

SB40, s. 1450 Section 1450. 49.175 (1) (ze) 2. of the statutes is amended to read:

SB40,668,13 49.175 (1) (ze) 2. `Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,444,000 $30,272,400 in fiscal year 2005-06 2007-08 and $30,394,000 $30,272,400 in fiscal year 2006-07 2008-09.

SB40, s. 1451 Section 1451. 49.175 (1) (ze) 10m. of the statutes is amended to read:

SB40,668,20 49.175 (1) (ze) 10m. `Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $5,707,200 and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.

SB40, s. 1452 Section 1452 . 49.175 (1) (ze) 10m. of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,669,3 49.175 (1) (ze) 10m. `Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.

SB40, s. 1453 Section 1453. 49.175 (1) (ze) 12. of the statutes is amended to read:

SB40,669,9 49.175 (1) (ze) 12. `Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,310,800 $1,510,500 in fiscal year 2005-06 2007-08 and $1,317,700 $1,532,100 in fiscal year 2006-07 2008-09.

SB40, s. 1454 Section 1454. 49.175 (1) (zh) of the statutes is amended to read:

SB40,669,14 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $55,232,000 $30,616,700 in each fiscal year 2007-08 and $25,004,300 in fiscal year 2008-09.

SB40, s. 1455 Section 1455 . 49.175 (1) (zh) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,669,20 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $30,616,700 in fiscal year 2007-08 and $25,004,300 in fiscal year 2008-09.

SB40, s. 1456 Section 1456. 49.175 (2) (c) of the statutes is amended to read:

SB40,670,4 49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.445 (3) 20.437 (2) (mc) and (md) are less than the amounts appropriated under s. 20.445 (3) 20.437 (2) (mc) and (md), the department shall submit a plan to the secretary of administration for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and the department shall allocate the moneys as specified in the plan.

SB40, s. 1457 Section 1457. 49.177 of the statutes is created to read:

SB40,670,9 49.177 Boys and Girls Clubs programs in 1st class cities. From the appropriation account under s. 20.445 (3) (kb), the department shall provide grants to the Boys and Girls Clubs of Greater Milwaukee to fund programs that improve the social, academic, and employment skills of youths who reside in 1st class cities.

SB40, s. 1458 Section 1458. 49.177 of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,670,16 49.177 Boys and Girls Clubs programs in 1st class cities. From the appropriation account under s. 20.445 (3) 20.437 (2) (kb), the department shall provide grants to the Boys and Girls Clubs of Greater Milwaukee to fund programs that improve the social, academic, and employment skills of youths who reside in 1st class cities.

SB40, s. 1459 Section 1459. 49.19 (1) (a) 2. b. of the statutes is amended to read:

SB40,671,2 49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department of health and family services, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

SB40, s. 1460 Section 1460. 49.19 (10) (a) of the statutes is amended to read:

SB40,671,17 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 48.569 (2) and the percentage rate of participation set forth in s. 46.495 48.569 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

SB40, s. 1461 Section 1461. 49.19 (10) (d) of the statutes is amended to read:

SB40,672,3 49.19 (10) (d) Aid may also be paid under this section to a licensed foster home, treatment foster home, group home, or residential care center for children and youth by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

SB40, s. 1462 Section 1462. 49.19 (11) (a) 1. a. of the statutes is amended to read:

SB40,672,9 49.19 (11) (a) 1. a. Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) 20.437 (2) (dz) and (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987: - See PDF for table

SB40, s. 1463 Section 1463. 49.19 (11s) (d) of the statutes is amended to read:

SB40,672,14 49.19 (11s) (d) From the appropriation under s. 20.445 (3) 20.437 (2) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).

SB40, s. 1464 Section 1464. 49.195 (3r) of the statutes is amended to read:

SB40,673,2 49.195 (3r) From the appropriation under s. 20.445 (3) 20.437 (2) (L) the department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under sub. (3) who is delinquent in making repayments.

SB40, s. 1465 Section 1465. 49.197 (1m) of the statutes is amended to read:

SB40,673,21 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) 20.437 (2) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

SB40, s. 1466 Section 1466. 49.197 (4) of the statutes is amended to read:

SB40,674,6 49.197 (4) County and tribal error reduction. If the department of health and family services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.445 (3) 20.437 (2) (kx) to counties and governing bodies of federally recognized American Indian tribes administering Medical Assistance under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.

SB40, s. 1467 Section 1467. 49.22 (2m) (a) of the statutes is amended to read:

SB40,674,21 49.22 (2m) (a) The department may request from any person in this state information it determines appropriate and necessary for the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468 and , 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this paragraph. Except as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this paragraph only in the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029. Employees of the department or a county child support agency under s. 59.53 (5) are subject to s. 49.83.

SB40, s. 1468 Section 1468. 49.22 (2m) (b) of the statutes is amended to read:

SB40,675,2 49.22 (2m) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40, s. 1469 Section 1469. 49.22 (2m) (c) 3. of the statutes is amended to read: