AB40: Bill Text

AB40,640,20 49.148 (4) (b) The Wisconsin Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (a) and (am) (as) or (5) (b) and (bm) (bs).

AB40, s. 1364 Section 1364. 49.151 (1) (b) of the statutes is amended to read:

AB40,641,3 49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d., without good cause, as determined by the Wisconsin Works agency.

AB40, s. 1365 Section 1365. 49.1515 (title) of the statutes is amended to read:

AB40,641,5 49.1515 (title) Determining nonparticipation without good cause.

AB40, s. 1366 Section 1366. 49.1515 (2) of the statutes is repealed.

AB40, s. 1367 Section 1367. 49.1515 (3) of the statutes is repealed.

AB40, s. 1368 Section 1368. 49.153 (1) (am) of the statutes is repealed.

AB40, s. 1369 Section 1369. 49.153 (1) (bm) of the statutes is renumbered 49.153 (1) (a) and amended to read:

AB40,641,13 49.153 (1) (a) After providing the explanation under par. (am), provide Provide to the participant written notice of the proposed action and of the reasons for the proposed action.

AB40, s. 1370 Section 1370. 49.153 (1) (c) of the statutes is amended to read:

AB40,641,19 49.153 (1) (c) After providing the explanation or the attempts to provide an explanation under par. (am) and the notice under par. (bm), if the participant has not already been afforded a conciliation period under s. 49.1515 (3) (a), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

AB40, s. 1371 Section 1371. 49.153 (2) of the statutes is amended to read:

AB40,641,24 49.153 (2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) (a) and that define "reasonable attempts" for the purpose of sub. (1) (am) and "reasonable time" for the purpose of sub. (1) (c).

AB40, s. 1372 Section 1372. 49.155 (1) (ah) of the statutes is amended to read:

AB40,642,3 49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23, the unit, as defined in s. 49.825 (1) (e), or a Wisconsin Works agency, child care resource and referral agency, or other agency.

AB40, s. 1373 Section 1373. 49.155 (1g) (ac) of the statutes is amended to read:

AB40,642,6 49.155 (1g) (ac) A child care scholarship and bonus program, in the amount of at least $3,475,000 $3,975,000 per fiscal year.

AB40, s. 1374 Section 1374. 49.155 (1g) (c) of the statutes is amended to read:

AB40,642,9 49.155 (1g) (c) Child care licensing activities, in the amount of at least $5,763,900 $8,767,000 per fiscal year.

AB40, s. 1375 Section 1375. 49.155 (1g) (g) of the statutes is created to read:

AB40,642,12 49.155 (1g) (g) Contracts and grants to implement the child care quality rating system under s. 48.659.

AB40, s. 1376 Section 1376. 49.155 (1h) of the statutes is repealed.

AB40, s. 1377 Section 1377. 49.155 (1m) (a) 3m. of the statutes is amended to read:

AB40,642,17 49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp supplemental nutrition assistance employment and training program under s. 49.79 (9) 49.37 (9).

AB40, s. 1378 Section 1378. 49.155 (3g) (a) (intro.) of the statutes is amended to read:

AB40,642,21 49.155 (3g) (a) (intro.) The department may contract with the Milwaukee County enrollment services unit, as provided in s. 49.825 (2) (b) department of health services, to do any of the following:

AB40, s. 1379 Section 1379. 49.155 (6) (e) of the statutes is renumbered 49.155 (6) (e) 2. and amended to read:

AB40,643,3 49.155 (6) (e) 2. The Except as provided in subd. 3., the department may not increase the maximum reimbursement rates for child care providers in 2009, in 2010, or before June 30 in 2011, 2013.

AB40, s. 1380 Section 1380. 49.155 (6) (e) 1. of the statutes is created to read:

AB40,643,7 49.155 (6) (e) 1. In this paragraph, "quality rating plan" means the plan for implementing the child care quality rating system under s. 48.659 submitted by the department under 2009 Wisconsin Act 28, section 9108 (7f).

AB40, s. 1381 Section 1381. 49.155 (6) (e) 3. of the statutes is created to read:

AB40,643,11 49.155 (6) (e) 3. The department may modify a child care provider's reimbursement rate under subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

AB40,643,13 a. For a child care provider who receives a 1-star rating, the department may deny reimbursement.

AB40,643,15 b. For a child care provider who receives a 2-star rating, the department may reduce the maximum reimbursement rate by up to 5 percent.

AB40,643,17 c. For a child care provider who receives a 3-star rating, the department shall pay the maximum reimbursement rate.

AB40,643,19 d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement rate by up to 5 percent.

AB40,643,21 e. For a child care provider who receives a 5-star rating, the department may increase the maximum reimbursement rate by up to 10 percent.

AB40, s. 1382 Section 1382. 49.155 (6) (e) 4. of the statutes is created to read:

AB40,644,2 49.155 (6) (e) 4. The department may use a severity-index tool, as described in the quality rating plan, to disqualify child care providers who receive a low quality rating, as described in the quality rating plan, from providing child care services to individuals under this section.

AB40, s. 1383 Section 1383. 49.155 (6d) of the statutes is created to read:

AB40,644,5 49.155 (6d) Cost-saving measures. To reduce costs under the program under this section, the department may do any of the following:

AB40,644,7 (a) Notwithstanding sub. (1m), implement a waiting list for receipt of a child care subsidy under this section.

AB40,644,9 (b) Notwithstanding sub. (5), increase the copayment amount that an individual must pay toward the cost of child care received under this section.

AB40,644,11 (c) Notwithstanding sub. (6), adjust the amount of reimbursement paid to child care providers providing child care services under this section.

AB40,644,13 (d) Notwithstanding sub. (1m), adjust the gross income levels for eligibility for receipt of a child care subsidy under this section.

AB40, s. 1384 Section 1384. 49.159 (2) of the statutes is amended to read:

AB40,644,22 49.159 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works Works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps the supplemental nutrition assistance program, and other food and nutrition programs.

AB40, s. 1385 Section 1385. 49.162 of the statutes, as affected by 2009 Wisconsin Act 333, is repealed.

AB40, s. 1386 Section 1386. 49.165 (2) (c) (intro.) of the statutes is amended to read:

AB40,645,8 49.165 (2) (c) (intro.) No grant may be made to an organization which provides or will provide shelter facilities unless the department of commerce safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:

AB40, s. 1387 Section 1387. 49.173 (3) (a) 2. of the statutes is amended to read:

AB40,645,11 49.173 (3) (a) 2. Food stamp Supplemental nutrition assistance employment and training.

AB40, s. 1388 Section 1388. 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, section 1227, is amended to read:

AB40,645,17 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (ed), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:

AB40, s. 1389 Section 1389. 49.175 (1) (a) of the statutes is amended to read:

AB40,645,21 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $49,139,400 $78,787,800 in fiscal year 2009-10 2011-12 and $51,229,600 $61,779,400 in fiscal year 2010-11 2012-13.

AB40, s. 1390 Section 1390. 49.175 (1) (b) of the statutes is amended to read:

AB40,646,2 49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $8,247,000 $11,830,800 in fiscal year 2009-10 2011-12 and $8,247,000 $11,117,100 in fiscal year 2010-11 2012-13.

AB40, s. 1391 Section 1391. 49.175 (1) (f) of the statutes is amended to read:

AB40,646,7 49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $38,471,500 $54,846,300 in fiscal year 2009-10 2011-12 and $35,471,500 $45,637,000 in fiscal year 2010-11 2012-13.

AB40, s. 1392 Section 1392. 49.175 (1) (g) of the statutes is amended to read:

AB40,646,12 49.175 (1) (g) State administration of public assistance programs and costs of overpayment collections. For state administration of public assistance programs and costs associated with the collection of public assistance overpayments, $16,985,900 in fiscal year 2009-10 and $17,091,700 $12,322,400 in each fiscal year 2010-11.

AB40, s. 1393 Section 1393. 49.175 (1) (i) of the statutes is amended to read:

AB40,646,17 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,500,000 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $6,200,000 in fiscal year 2009-10 2011-12 and $6,000,000 in fiscal year 2010-11 2012-13.

AB40, s. 1394 Section 1394. 49.175 (1) (p) of the statutes is amended to read:

AB40,646,21 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $384,987,600 $290,042,500 in fiscal year 2009-10 2011-12 and $402,496,800 $288,018,300 in fiscal year 2010-11 2012-13.

AB40, s. 1395 Section 1395. 49.175 (1) (q) of the statutes is amended to read:

AB40,647,2 49.175 (1) (q) Child care state administration and child care licensing activities. For administration of child care programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,534,700 $21,061,700 in fiscal year 2009-10 2011-12 and $8,889,700 $21,143,400 in fiscal year 2010-11 2012-13.

AB40, s. 1396 Section 1396. 49.175 (1) (qm) of the statutes is amended to read:

AB40,647,6 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g), $5,384,600 $13,486,700 in fiscal year 2009-10 2011-12 and $5,384,600 $13,169,400 in fiscal year 2010-11 2012-13.

AB40, s. 1397 Section 1397. 49.175 (1) (r) of the statutes is amended to read:

AB40,647,11 49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 49.395 for the support of the dependent children of recipients of supplemental security income, $29,899,800 in fiscal year 2009-10 and $29,933,200 $31,232,200 in each fiscal year thereafter.

AB40, s. 1398 Section 1398. 49.175 (1) (s) of the statutes is amended to read:

AB40,647,16 49.175 (1) (s) Kinship care, long-term kinship care, and foster care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p) and for foster care for relatives under s. 48.62, $24,435,000 in fiscal year 2009-10 and $24,435,000 $21,375,800 in each fiscal year 2010-11.

AB40, s. 1399 Section 1399. 49.175 (1) (v) of the statutes is created to read:

AB40,647,20 49.175 (1) (v) Program improvement plan. For services provided under the child welfare program improvement plan developed under 45 CFR 1355.35, $680,400 in fiscal year 2011-12 and $1,360,800 in each fiscal year thereafter.

AB40, s. 1400 Section 1400. 49.175 (1) (zh) of the statutes is amended to read:

AB40,647,25 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $6,664,200 in fiscal year 2009-10 and $6,664,200 $43,664,200 in each fiscal year 2010-2011.

AB40, s. 1401 Section 1401. 49.19 (5) (d) of the statutes is amended to read:

AB40,648,4 49.19 (5) (d) The department shall reimburse the county for pay the funeral, burial, and cemetery expenses of a dependent child or the child's parents as provided in s. 49.785.

AB40, s. 1402 Section 1402. 49.19 (19m) of the statutes is amended to read:

AB40,648,7 49.19 (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this section for a child on whose behalf a payment is made under s. 49.775 49.395.

AB40, s. 1403 Section 1403. 49.197 (1m) of the statutes is amended to read:

AB40,649,3 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (me), 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, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, and payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health 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.

AB40, s. 1404 Section 1404 . 49.197 (1m) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,649,25 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (me), 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 recipients of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, and payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health 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, 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.