AB40: Bill Text

AB40,970 Section 970. 49.147 (3) (am) of the statutes is amended to read:

AB40,535,24 49.147 (3) (am) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment match program employment.

AB40,971 Section 971. 49.147 (3) (c) of the statutes is amended to read:

AB40,536,12 49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial employment match program job for a maximum of 3 6 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin Works agency. A participant may participate in more than one trial employment match program job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin Works agency and approved by the department.

AB40,972 Section 972. 49.147 (3) (d) of the statutes is created to read:

AB40,536,23 49.147 (3) (d) 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, although nothing in this subsection requires an employer to retain a participant as a permanent unsubsidized employee after the wage subsidy ends. 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.

AB40,973 Section 973. 49.147 (3) (e) of the statutes is created to read:

AB40,537,5 49.147 (3) (e) Noncustodial parents. Notwithstanding s. 49.145 (1) and (2) (a), an individual who would be eligible for a job under this subsection except that the individual is a noncustodial parent of a dependent child is eligible for placement under this subsection, subject to s. 49.159 (1) (b) 2., if the individual is eligible for services and benefits under s. 49.159 (1) (a).

AB40,974 Section 974. 49.147 (3m) of the statutes is repealed.

AB40,975 Section 975. 49.147 (4) (a) of the statutes is amended to read:

AB40,537,21 49.147 (4) (a) Administration. A Wisconsin works Works agency shall administer a community service job program as part of its administration of Wisconsin works Works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin works Works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial employment match program job. In determining an appropriate placement for a participant, a Wisconsin works Works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. After each 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works Works agency shall reassess the individual's employability.

AB40,976 Section 976. 49.147 (4) (b) of the statutes is amended to read:

AB40,538,12 49.147 (4) (b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin Works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin Works agency and approved by the department, and if the Wisconsin Works agency determines, and the department agrees, that no trial employment match program job opportunities are available in the specified local labor market.

AB40,977 Section 977. 49.147 (4m) of the statutes is repealed.

AB40,978 Section 978. 49.147 (5) (a) 3. of the statutes is amended to read:

AB40,538,17 49.147 (5) (a) 3. The Wisconsin works Works agency determines that the individual is incapable of performing a trial employment match program job or community service job.

AB40,979 Section 979. 49.147 (6) (b) 2. of the statutes is repealed.

AB40,980 Section 980. 49.147 (6) (c) of the statutes is amended to read:

AB40,538,24 49.147 (6) (c) Distribution Funding and administration. From the appropriation appropriations under s. 20.437 (2) (jL) and (md), the department shall distribute allocate funds for job access loans to a Wisconsin Works agency agencies, which shall administer the loans in accordance with rules promulgated by the department.

AB40,981 Section 981. 49.147 (6) (e) of the statutes is created to read:

AB40,539,4 49.147 (6) (e) Noncustodial parents. Notwithstanding s. 49.145 (1) and (2) (a), an individual who would be eligible for a job access loan under par. (a) except that the individual is a noncustodial parent of a dependent child is eligible to receive a job access loan under this subsection.

AB40,982 Section 982. 49.148 (1) (a) of the statutes is amended to read:

AB40,539,13 49.148 (1) (a) Trial employment match program jobs. For a participant in a trial employment match program job, the amount established in the contract between the Wisconsin works Works agency and the trial employment match program job employer, but not less than minimum wage for every hour actually worked in the trial employment match program job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. 49.147 (3) (am) shall be included in determining the number of hours actually worked.

AB40,983 Section 983. 49.148 (1) (b) 1. of the statutes is amended to read:

AB40,540,2 49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4), a monthly grant of $653 , paid by the Wisconsin Works agency. For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under s. 49.147 (4) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1), the grant amount under this paragraph shall equal the amount specified under subd. 1m. minus $5 for each hour that the participant misses work or education or training activities without good cause.

AB40,984 Section 984. 49.148 (1) (b) 1m. (intro.) of the statutes is amended to read:

AB40,540,6 49.148 (1) (b) 1m. (intro.) Except as provided in subd. 1., the Wisconsin works agency department or an entity contracting with the department shall pay a participant in a community service job the following:

AB40,985 Section 985. 49.148 (1) (b) 3. of the statutes is amended to read:

AB40,540,14 49.148 (1) (b) 3. For a participant in a community service job who participates in technical college education under s. 49.147 (5m), a monthly grant of $653, paid by the Wisconsin Works agency. For every hour that the participant misses work or other required activities without good cause, the grant amount shall be reduced by $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

AB40,986 Section 986. 49.148 (1) (c) of the statutes is amended to read:

AB40,540,24 49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a monthly grant of $608, paid monthly by the Wisconsin Works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1. a. to d., the grant amount shall be reduced by $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

AB40,987 Section 987. 49.148 (1) (d) of the statutes is repealed.

AB40,988 Section 988. 49.155 (1g) (c) of the statutes is amended to read:

AB40,541,3 49.155 (1g) (c) Child care licensing activities, in the amount of at least $8,767,000 per fiscal year.

AB40,989 Section 989. 49.155 (1m) (a) 3r. of the statutes is created to read:

AB40,541,6 49.155 (1m) (a) 3r. Participate in the Transform Milwaukee Jobs program under s. 49.163.

AB40,990 Section 990. 49.155 (3) (c) of the statutes is repealed.

AB40,991 Section 991. 49.155 (3m) (a) of the statutes is amended to read:

AB40,541,19 49.155 (3m) (a) The department shall issue benefits directly to individuals who are eligible for subsidies under this section or pay or reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23, county departments or agencies, or tribal governing bodies for child care services provided under this section and. The department may also contract with and provide grants to private nonprofit agencies that provide child care for children of migrant workers. The department may pay or reimburse a Wisconsin works Works agency for child care that the Wisconsin works Works agency provides to the children of Wisconsin works Works participants and applicants or that the Wisconsin Works agency arranges to meet immediate, short-term child care needs of participants prior to authorization of a subsidy under sub. (1m).

AB40,992 Section 992. 49.155 (3m) (c) of the statutes is repealed.

AB40,993 Section 993. 49.155 (4) (c) of the statutes is created to read:

AB40,542,3 49.155 (4) (c) 1. Notwithstanding par. (a) and subject to subd. 2., an eligible individual may receive a child care subsidy under this section for child care that is provided by an out-of-state provider of child care. Notwithstanding sub. (6), payments for child care services provided by an out-of-state provider under this subdivision shall be based on the maximum rate applicable in the county in which the eligible individual resides or on the out-of-state provider's actual rate, whichever is lower.

AB40,542,8 2. As a condition of payment under this section for child care services provided to a child of an individual who is eligible for a subsidy under this section, an out-of-state provider is subject to, and shall comply with, the provisions of this section, and rules promulgated under this section, that apply to a child care provider, as determined by the department.

AB40,994 Section 994. 49.155 (5) of the statutes is renumbered 49.155 (5) (a) and amended to read:

AB40,542,17 49.155 (5) (a) An individual receiving a subsidy under this section is liable for the percentage of difference, if any, between the cost of the child care specified by the department in a printed copayment schedule. An provided by the child care provider or providers selected by the individual and the subsidy amount. The department shall specify minimum or estimated copayment amounts based on family size, income level, and other factors, a schedule of which will be available in electronic form on the department's Internet site and in paper form.

AB40,542,22 (b) An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.

AB40,995 Section 995. 49.155 (6) (a) of the statutes is amended to read:

AB40,543,4 49.155 (6) (a) Subject to review and approval by the The department, each county shall establish the maximum reimbursement rate payment rates for licensed child care services provided under this section. A county The department shall set the rate rates so that at least 75% of the number of places for children within the licensed capacity of all child care providers in that county can be purchased at or below that maximum rate by eligible individuals under this section.

AB40,996 Section 996. 49.155 (6) (b) of the statutes is amended to read:

AB40,543,10 49.155 (6) (b) Subject to review and approval by the The department, each county shall set a maximum reimbursement rate payment rates for Level I certified family child care providers for services provided to eligible individuals under this section. The maximum rate rates set under this paragraph may not exceed 75% of the rate rates established under par. (a).

AB40,997 Section 997. 49.155 (6) (c) of the statutes is amended to read:

AB40,543,16 49.155 (6) (c) Subject to review and approval by the The department, each county shall set a maximum reimbursement rate payment rates for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rate rates set under this paragraph may not exceed 50% of the rate rates established under par. (a).

AB40,998 Section 998. 49.155 (6) (cm) of the statutes is amended to read:

AB40,543,20 49.155 (6) (cm) The department shall modify child care provider reimbursement payment rates established under pars. (a) to (c) so that reimbursement payment rates are lower for providers of after-school child care.

AB40,999 Section 999. 49.155 (6) (d) of the statutes is amended to read:

AB40,544,2 49.155 (6) (d) The department may promulgate rules to establish a system of rates or a program of grants that the department will pay to for child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).

AB40,1000 Section 1000. 49.155 (6) (e) 2. of the statutes is amended to read:

AB40,544,6 49.155 (6) (e) 2. Except as provided in subd. 3., the department may not increase the maximum reimbursement payment rates for child care providers before June 30, 2013.

AB40,1001 Section 1001. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

AB40,544,11 49.155 (6) (e) 3. (intro.) Beginning on July 1, 2012, the The department may modify a child care provider's reimbursement payment rate under subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

AB40,1002 Section 1002. 49.155 (6) (e) 3. a. of the statutes is amended to read:

AB40,544,14 49.155 (6) (e) 3. a. For a child care provider who receives a 1-star rating, the department shall deny reimbursement payment.

AB40,1003 Section 1003. 49.155 (6) (e) 3. b. of the statutes is amended to read:

AB40,544,18 49.155 (6) (e) 3. b. For a child care provider who receives a 2-star rating, the department may reduce the maximum reimbursement payment rate by up to 5 percent.

AB40,1004 Section 1004. 49.155 (6) (e) 3. c. of the statutes is amended to read:

AB40,544,21 49.155 (6) (e) 3. c. For a child care provider who receives a 3-star rating, the department may pay up to the maximum reimbursement payment rate.

AB40,1005 Section 1005. 49.155 (6) (e) 3. d. of the statutes is amended to read:

AB40,544,25 49.155 (6) (e) 3. d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement payment rate by up to 5 percent.

AB40,1006 Section 1006 . 49.155 (6) (e) 3. d. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB40,545,4 49.155 (6) (e) 3. d. For a child care provider who receives a 4-star rating, the department may increase the maximum payment rate by up to 5 10 percent.

AB40,1007 Section 1007. 49.155 (6) (e) 3. e. of the statutes is amended to read:

AB40,545,10 49.155 (6) (e) 3. 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, except that beginning on January 1, 2013, the department may increase the maximum reimbursement payment rate for such a child care provider by up to 25 percent.

AB40,1008 Section 1008. 49.155 (6) (e) 5. of the statutes is amended to read:

AB40,545,15 49.155 (6) (e) 5. For purposes of modifying reimbursement payment rates under subd. 3., the department shall assign a child care provider that is accredited from the Council on Accreditation a 4-star rating or 5-star rating, whichever the department determines is appropriate.

AB40,1009 Section 1009. 49.155 (6d) (a) 2. of the statutes is amended to read:

AB40,545,19 49.155 (6d) (a) 2. Notwithstanding Subject to sub. (5) (b), increase the copayment amount that an individual must pay toward the cost of child care received under this section.

AB40,1010 Section 1010. 49.155 (6d) (a) 3. of the statutes is amended to read:

AB40,545,23 49.155 (6d) (a) 3. Notwithstanding sub. (6), adjust the amount of reimbursement paid payment to child care providers providing child care services under this section.

AB40,1011 Section 1011. 49.155 (6g) (am) (intro.) of the statutes is amended to read:

AB40,546,3 49.155 (6g) (am) (intro.) If reimbursement payment to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:

AB40,1012 Section 1012. 49.155 (7) (title) of the statutes is amended to read:

AB40,546,5 49.155 (7) (title) Refusal to pay of payment to child care providers.

AB40,1013 Section 1013. 49.155 (7) (a) 1. of the statutes is amended to read:

AB40,546,14 49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to pay allow payment to the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.

AB40,1014 Section 1014. 49.155 (7) (b) (intro.) of the statutes is amended to read:

AB40,546,20 49.155 (7) (b) (intro.) The department or the county department under s. 46.215, 46.22, or 46.23 may refuse to pay allow payment to a child care provider for child care provided under this section if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider:

AB40,1015 Section 1015. 49.159 (1) of the statutes is renumbered 49.159 (1) (a) (intro.) and amended to read:

AB40,547,5 49.159 (1) (a) (intro.) An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child, is eligible for services and benefits under this subsection if the dependent child's custodial parent is a participant and par. (b) if the individual is subject to a child support order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment. and any of the following applies to the custodial parent of the dependent child:

AB40,1016 Section 1016. 49.159 (1) (a) 1. of the statutes is created to read: