49.129(2)(b)1.1. Except as provided in
subd. 2. and
sub. (8), if the necessary authorization under
par. (a) is granted, the department shall begin to implement, no later than July 1, 1999, a program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system and shall implement the program statewide no later than April 1, 2000. All suppliers, as defined in
s. 49.127 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.
49.129(2)(b)2.
2. The department need not implement a program to deliver food stamp benefits by an electronic benefit transfer system if any of the following applies:
49.129(2)(b)2.a.
a. The department determines that the cost of the electronic benefit transfer system would be greater than the cost of another food stamp delivery system.
49.129(3)(a)(a) The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department, other than food stamp benefits, to recipients of benefits by an electronic benefit transfer system.
49.129(3)(b)
(b) If the necessary authorization under
par. (a) is granted, and except as provided in
sub. (8), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.
49.129(4)
(4) Duties; implementation. In implementing a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:
49.129(4)(a)
(a) Consult with members of the following groups:
49.129(4)(a)4.
4. Appropriate county, state and tribal governing body employes.
49.129(4)(a)5.
5. Persons who sell goods or services to recipients for which payment may be made by use of an electronic benefit transfer system, including, as appropriate, retailers, landlords and public utilities.
49.129(4)(b)
(b) Hold informational meetings at a variety of locations around the state.
49.129(4)(c)
(c) To the extent possible, maximize the use of existing automated teller machines and point-of-sale terminals.
49.129(5)
(5) State agencies. The department may enter into an agreement with any state agency to deliver benefits paid by that agency by an electronic benefit transfer system.
49.129(5m)
(5m) Joint committee on finance review. Prior to implementing the electronic benefit transfer system under this section, the department shall notify the joint committee on finance of the proposed system. The department may proceed with implementation of the system if, within 14 working days of the notification, the committee does not schedule a meeting for the purpose of reviewing the department's proposed system. If the committee schedules a meeting for the purpose of reviewing the proposed system, the system shall not take effect unless the committee approves the system.
49.129(6)
(6) Administration; contracts. The department may enter into a contract with any financial institution, as defined in
s. 705.01 (3), or other fiscal intermediary to administer a program to deliver benefits to recipients by an electronic benefit transfer system. The contract shall require the contractor to do all of the following:
49.129(6)(a)
(a) Provide training on the use of the electronic benefit transfer system to the persons enumerated in
sub. (4) (a).
49.129(6)(b)
(b) Provide ongoing assistance, on a 24-hour basis, on the use of the electronic benefit transfer system.
49.129(7)
(7) Rules. The department shall promulgate rules for the administration of the electronic benefit transfer system under this section. The rules shall include all of the following:
49.129(7)(a)
(a) The liability, and limits on the liability, of a recipient for lost benefits after the loss or theft of a card issued to the recipient under
sub. (4) (d).
49.129(7)(b)
(b) The suspension from a program of recipients, retailers or other participants for fraudulent activity, as defined by the department.
49.129(7)(d)
(d) Measures to be taken by the department or the person with whom the department contracts under
sub. (6) to ensure the security of card issuance and electronic transfer of benefits.
49.129(8)
(8) County participation; exception. The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.129 History
History: 1995 a. 368.
49.13
49.13
At-risk and low-income child care. Within the limits of available federal funds and the appropriation under
s. 20.445 (3) (cp), the department shall distribute under
s. 49.132 (2) not more than $21,504,800 in fiscal year 1996-97.
49.13 History
History: 1995 a. 404.
49.131
49.131
Expenditure of federal child care and development block grant funds. 49.131(1)
(1) In this section, "child care provider" means a provider licensed under
s. 48.65, certified under
s. 48.651 or established or contracted for under
s. 120.13 (14).
49.131(2)
(2) Subject to
sub. (4) and
s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under
42 USC 9858, do all of the following:
49.131(2)(a)
(a) From the appropriation under
s. 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under
s. 46.98 (2m) and
(3) [49.132 (2m) and (3)].
49.131 Note
NOTE: Par. (a) is shown as renumbered from s. 46.979 (2) (a), as affected by
1995 Wis. Act 404, by the revisor under s. 13.93 (1) (b). The bracketed language indicates the correct cross-references. Section 46.98 (2m) and (3) was renumbered by
1995 Wis. Act 404. Corrective legislation is pending.
49.131(2)(b)1.1. From the appropriation under
s. 20.445 (3) (mc), distribute $190,800 in fiscal year 1995-96 and $197,700 in fiscal year 1996-97 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under
s. 20.445 (3) (cp) and
(md).
49.131(2)(c)
(c) From the appropriation under
s. 20.445 (3) (md), distribute as follows the federal child care and development block grant funds that are received under
42 USC 9858 and that are not distributed under
par. (a) or
(b):
49.131(2)(c)1.
1. For grants under
s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97.
49.131(2)(c)2.
2. For grants under
s. 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97.
49.131(2)(c)3.
3. For grants under
s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under
s. 49.132 (4) (e) and for a system of rates or a program of grants, as provided under
s. 49.132 (4) (e), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under
subd. 4.
49.131(2)(c)4.
4. For grants under
s. 49.137 (2) and contracts under
s. 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under
subd. 3.
49.131(3)
(3) To the extent permitted under federal law, the department may transfer to the following fiscal year any funds distributed under
sub. (2) (c) that are not spent or encumbered in the fiscal year in which the funds were distributed and use those transferred funds in the following fiscal year for the purposes specified in
sub. (2) (c).
49.131(4)
(4) If the department receives unanticipated federal child care and development block grant funds under
42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in
sub. (2) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limit under
sub. (2). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding
sub. (2), only with the approval of the committee.
49.131 History
History: 1991 a. 275;
1993 a. 16;
1995 a. 27,
216,
289;
1995 a. 404 ss.
77 to
88; Stats. 1995 s. 49.131; s. 13.93 (1) (b).
49.132
49.132
Child care program. 49.132(1)(ad)
(ad) "At-risk child care" means child care that is provided for a person who is eligible for funding for that child care under
sub. (2r) (a) and
42 USC 603 (n).
49.132(1)(ag)
(ag) "At risk of becoming eligible for aid to families with dependent children" means having a family income that is equal to or less than 75% of the state median income as determined by the department annually.
49.132(1)(at)
(at) "Educational program" means high school or a high school equivalency program or a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.
49.132(1)(b)
(b) "Gainfully employed" means working or seeking employment.
49.132(1)(bm)
(bm) "Low-income child care" means child care that is provided for a person who is eligible for funding for that child care under
sub. (4) (a) and
42 USC 9858.
49.132(1)(c)
(c) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.
49.132(2)
(2) Distribution of child care funds. 49.132(2)(a)(a) The department shall distribute the funds allocated under
s. 49.13 for at-risk and low-income child care services under
subs. (2m) and
(3) to county departments under
s. 46.215,
46.22 or
46.23 and to private nonprofit child care providers who provide child care for the children of migrant workers.
49.132 Note
NOTE: Sub. (2) (title) and par. (a), as affected by
1995 Wis. Act 404, are shown as renumbered from s. 46.98 (2) (title) and (a) by the revisor under s. 13.93 (1) (b).
49.132(2)(b)
(b) The department shall promulgate by rule a procedure to be used annually to develop a formula for the distribution of funds under
par. (a). The formula shall include a requirement that county departments under
s. 46.215,
46.22 or
46.23 to which funds are distributed under
par. (a) expend a certain percentage of those funds, as determined by the department, on at-risk child care.
49.132(2)(c)
(c) A county may use up to 5% of the funds distributed under
par. (a) to its county department under
s. 46.215,
46.22 or
46.23 for the costs of administering the programs under
subs. (2m) and
(3).
49.132(2m)(a)(a) Except as provided in
sub. (2) (c), funds distributed under
sub. (2) for at-risk child care may only be used for the purposes specified in this paragraph. The funds shall be used to provide care for all or part of a day for children under age 13 of persons who need child care to be able to work, who are not receiving aid to families with dependent children and who are at risk of becoming eligible for aid to families with dependent children if child care under this subsection is not provided. No funds distributed under
sub. (2) may be used to provide care for a child by a person who resides with the child.
49.132(2m)(c)
(c) From the funds distributed under
sub. (2) for at-risk child care, a county may provide child care services itself, purchase child care services from a child care provider, provide vouchers to an eligible parent for the payment of child care services provided by a child care provider, reimburse an eligible parent for payments made by the parent to a child care provider for child care services, adopt, with the approval of the department, any other arrangement that the county considers appropriate or use any combination of these methods to provide child care.
49.132(2m)(d)1.1. No funds distributed under
sub. (2) for at-risk child care may be used solely to prevent or remedy child abuse or neglect, to alleviate stress in the family or to preserve the family unit.
49.132(2m)(d)2.
2. No funds distributed under
sub. (2) for at-risk child care may be used for the start-up, improvement or expansion of child care services or facilities or for the recruitment, education or training of persons providing child care.
49.132(2r)
(2r) Eligibility for at-risk child care funds. 49.132(2r)(a)(a) A parent who needs child care for a child under 13 years of age to be able to work, who is not receiving aid to families with dependent children and who is at risk of becoming eligible for aid to families with dependent children is eligible to receive aid from the funds distributed under
sub. (2) for at-risk child care.
49.132(2r)(b)
(b) A parent who receives aid under
sub. (2m) is liable for the cost of child care received, payable in accordance with a sliding scale formula provided by the department that is based on the parent's ability to pay.
49.132(2r)(d)
(d) Each county shall annually set a maximum rate that it will pay for child care services provided to eligible parents. The department shall annually review each county's rate and shall approve it if it meets the criteria specified in regulations issued by the federal secretary of health and human services. The department shall promulgate rules establishing criteria that conform to the regulations issued by the federal secretary of health and human services and establishing procedures for approving county rates.
49.132(3)
(3) Use of low-income child care funds. 49.132(3)(a)(a) Except as provided in
sub. (2) (c), funds distributed under
sub. (2) for low-income child care may only be used for the purposes specified in this subsection. The funds shall be used to provide care for children under age 13 for all or part of a day during which a child's parent is gainfully employed.
49.132(3)(b)
(b) Counties may spend moneys distributed for low-income child care under
sub. (2) for child care purposes other than those in
par. (a) only as provided in
sub. (2) (c) or with the approval of the department. Child care purposes include start-up, improvement and expansion of child care services and facilities, and recruitment, education and training for persons providing child care.
49.132(3)(c)
(c) From the funds distributed under
sub. (2) for low-income child care, a county may provide day care services itself or it may purchase day care services from a child care provider. In addition, from the funds distributed under
sub. (2) for low-income child care, each county shall, subject to the availability of funds, provide day care by offering to each eligible parent a voucher for the payment of day care services provided by a child care provider. Each county shall allocate all or a portion of its day care funding for payment of vouchers. An eligible parent may choose whether the care will be provided by a Level I certified family day care provider or a Level II certified family day care provider or in a day care center, in the home of another person or, subject to the county's approval, in the parent's home. A parent who uses vouchers for the payment of day care services may supplement the maximum rate for day care services set under
sub. (4) (d),
(dg) or
(dm) or, if a higher rate for day care services is set under
sub. (4) (e), the rate set under
sub. (4) (e), whichever is applicable.
49.132(4)
(4) Eligibility for low-income child care funds. 49.132(4)(a)(a) The following persons are eligible to receive aid from the funds distributed under
sub. (2) for low-income child care:
49.132(4)(a)1.
1. A parent who is gainfully employed and who receives aid under
s. 49.19, if the dependent child care income disregard under
42 USC 602 is less than the actual amount the parent spends for child care or if the child care income disregard is not yet available to the parent.
49.132(4)(a)2.
2. Except as provided in
par. (am), a parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and whose family income is equal to or less than 75% of the state median income. The department shall annually determine the state median income.
49.132(4)(a)3.
3. A parent who is gainfully employed, who is in need of child care services and whose family income is greater than 75% of the state median income to the extent determined annually by the department. The department shall annually determine the state median income.
49.132(4)(am)
(am) A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and who applies for aid on or after May 10, 1996, is eligible for aid under this section if the family income of the applicant is equal to or less than 165% of the poverty line.
49.132(4)(b)
(b) Parents receiving aid under
sub. (3) are liable for the cost of child care received, payable in accordance with a schedule developed by the department based on ability to pay.
49.132(4)(c)
(c) If funds distributed under
sub. (2) are insufficient to meet the needs of all eligible parents, a county shall:
49.132(4)(c)2.
2. Give first priority to parents who are eligible to receive aid under
par. (a) 2. or
3., who are under the age of 20, and who are in need of child care services in order to complete high school, courses at a technical college in lieu of high school or a course of study leading to the granting of a declaration of high school graduation under
s. 115.29 (4).
49.132(4)(c)3.
3. Give 3rd priority to parents who are eligible to receive aid under
par. (a) 2. or
3., who have been recipients of aid under
s. 49.19 within the prior 12 months and who are working.
