Amendment SA12-AB591

AB591-SA12,6,23 35. Page 62, line 12: delete lines 12 to 17.

AB591-SA12,7,4 36. Page 66, line 2: after the period insert: "The department shall structure the performance standards to give Wisconsin works agencies the financial incentive to place every participant who is eligible for a Wisconsin works employment position in a job with high wages.".

AB591-SA12,7,5 37. Page 66, line 11: substitute "15" for "7".

AB591-SA12,7,6 38. Page 66, line 13: substitute "15-day" for "7-day".

AB591-SA12,7,10 39. Page 66, line 14: after the period insert: "A Wisconsin works agency may not deny benefits for a failure to provide the information requested under this paragraph if the person of whom the information is requested is unable, after a diligent effort, to obtain or provide the information.".

AB591-SA12,7,11 40. Page 67, line 20: delete "establishing additional eligibility criteria and".

AB591-SA12,7,12 41. Page 68, line 1: delete that line.

AB591-SA12,7,14 42. Page 68, line 7: after the period insert: "This paragraph does not apply to any of the following:

AB591-SA12,7,16 1. An individual who has, in the past, resided in this state for at least 365 consecutive days.

AB591-SA12,7,19 2. An individual who came to this state to join a close relative, as defined by the department by rule, who has resided in this state for at least 180 days before the arrival of the individual.

AB591-SA12,7,22 3. An individual who came to this state to accept a bona fide offer of employment, as determined by the Wisconsin works agency in accordance with rules promulgated by the department.

AB591-SA12,8,2 4. An individual who is a victim of domestic abuse and has come to this state to avoid further instances of domestic abuse.".

AB591-SA12,8,4 43. Page 68, line 8: after the comma insert: "if the individual is a custodial parent of a dependent child,".

AB591-SA12,8,5 44. Page 68, line 19: substitute "15" for "7".

AB591-SA12,8,6 45. Page 68, line 21: substitute "15-day" for "7-day".

AB591-SA12,8,10 46. Page 68, line 22: after the period insert: "A Wisconsin works agency may not deny benefits for a failure to provide the information requested under this paragraph if the person of whom the information is requested is unable, after a diligent effort, to obtain or provide the information.".

AB591-SA12,8,11 47. Page 69, line 1: delete "180" and substitute "30".

AB591-SA12,8,12 48. Page 69, line 2: before the period insert ", except for good cause".

AB591-SA12,8,13 49. Page 69, line 12: delete lines 12 and 13.

AB591-SA12,8,15 50. Page 69, line 17: delete the material beginning with "actively" and ending with "has" on line 18.

AB591-SA12,8,16 51. Page 69, line 19: delete "or both".

AB591-SA12,8,18 52. Page 69, line 20: delete the material beginning with "Participation" and ending with "[revisor inserts date]." on line 22.

AB591-SA12,8,20 53. Page 69, line 24: delete "only if all" and substitute: "if the department approves the extension and any"; and substitute "is" for "are".

AB591-SA12,8,21 54. Page 70, line 1: delete lines 1 to 4 and substitute:

AB591-SA12,9,3 "1. The participant has complied with all of the applicable work and educational and training requirements under s. 49.147 (3), (4) or (5) and is unable to obtain unsubsidized employment.

AB591-SA12,9,5 2. The participant lacks the necessary skills or capacity, as determined by the Wisconsin works agency, to engage in unsubsidized employment.

AB591-SA12,9,8 3. The participant is unable to engage in unsubsidized employment because the person is needed in the home because of the incapacity of another member of the Wisconsin works group.".

AB591-SA12,9,9 55. Page 70, line 5: delete lines 5 to 7.

AB591-SA12,9,11 56. Page 70, line 15: after "group" insert: "and shall exclude all of the resources specified under 42 USC 1382b (a)".

AB591-SA12,9,14 57. Page 70, line 24: after "49.148." insert: "The income calculated under this subdivision may not include income that is paid as child support for a child who does not reside in the same home as the Wisconsin works group.".

AB591-SA12,9,15 58. Page 71, line 1: after "received" insert "on a regular basis".

AB591-SA12,9,18 59. Page 71, line 4: after the period insert: "The income calculated under this subdivision may not include income that is paid as child support for a child who does not reside in the same home as the Wisconsin works group.".

AB591-SA12,9,19 60. Page 72, line 23: delete "to make a good faith effort".

AB591-SA12,9,21 61. Page 72, line 24: delete "is terminated" and substitute "ends, unless the employer has good cause for terminating the participant's employment".

AB591-SA12,9,23 62. Page 73, line 1: delete the material beginning with "a good" and ending with the period on line 2, and substitute: "good cause for terminating a participant's employment after the wage subsidy ends. An employer shall repay to the Wisconsin works agency the amount of the wage subsidy received on behalf of a participant if the employer terminates the participant's employment without good cause less than 9 months after the subsidy ends.".

AB591-SA12,10,5 63. Page 73, line 14: substitute "6" for "3".

AB591-SA12,10,7 64. Page 73, line 16: delete the material beginning with the comma and ending with "department" on line 23.

AB591-SA12,10,15 65. Page 75, line 5: after the period insert: "A Wisconsin works agency may permit a participant under this subsection who is enrolled in an educational program that would significantly improve the future earnings of the participant, as determined by the Wisconsin works agency, to work fewer than 30 hours in the community service job in order to participate for more than 10 hours per week in the educational program in which the participant is enrolled. Hours spent in the educational program constitute participation under this subsection. A Wisconsin works agency may not require more than 40 hours of participation per week.".

AB591-SA12,10,17 66. Page 75, line 15: delete the material beginning with the comma and ending with "market" on line 25.

AB591-SA12,10,18 67. Page 77, line 4: delete lines 4 to 7.

AB591-SA12,11,2 68. Page 77, line 24: after the period insert: "A Wisconsin works agency may permit a participant under this subsection who is enrolled in an educational program that would significantly improve the future earnings of the participant, as determined by the Wisconsin works agency, to engage in activities under par. (b) 1. for fewer than 28 hours in order to participate for more than 10 hours per week in the educational program in which the participant is enrolled. Hours spent in the educational program constitute participation under this subsection. A Wisconsin works agency may not require more than 40 hours of participation per week.".

AB591-SA12,11,3 69. Page 78, line 19: after "employment" insert ", education or child care".

AB591-SA12,11,6 70. Page 79, line 2: after "repayment." insert: "In establishing the repayment schedule, no individual may be required to make a monthly payment of more than 7% of that individual's monthly gross income.".

AB591-SA12,11,7 71. Page 79, line 19: after that line insert:

AB591-SA12,11,14 "(7) Business plans and start-up loans. (a) A Wisconsin works agency shall assist participants in the development of business plans for self-employment. The Wisconsin works agency may, in accordance with rules promulgated by the department, provide a loan of up to $2,500 to a participant who needs the loan to start a business. In establishing the repayment schedule, the Wisconsin works agency may not require the individual to make a monthly payment of more than 7% of that individual's monthly gross income.

AB591-SA12,11,17 (b) The Wisconsin works agency may provide additional assistance for up to 12 months for rental costs associated with the business or may forgive any or all of the loan under par. (a).".

AB591-SA12,11,22 72. Page 80, line 4: after the period insert: "Hours missed for good cause shall be included in determining the number of hours actually worked. Good cause shall be determined by the Wisconsin works agency in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.".

AB591-SA12,11,23 73. Page 80, line 18: after that line insert:

AB591-SA12,12,6 "(d) Supplemental payments to former recipients of aid to families with dependent children. 1. Except as provided in subd. 2., a participant in a Wisconsin works employment position who has 5 or more dependent children shall receive a monthly supplement of $75 for each dependent child of the participant in addition to the 4th dependent child of the participant if all of the following conditions are satisfied:

AB591-SA12,12,9 a. The participant was a recipient of aid to families with dependent children under s. 49.19 immediately prior to participating in a Wisconsin works employment position.

AB591-SA12,12,11 b. The participant has continuously participated in a Wisconsin works employment position.

AB591-SA12,12,13 2. No supplement may be paid under this paragraph for any of the following children:

AB591-SA12,12,17 a. A child who, because of the application of s. 49.19 (11s), was not considered in determining the family size of the participant for purposes of determining the aid to families with dependent children benefit amount while the participant was a recipient of aid to families with dependent children.

AB591-SA12,12,20 b. A child born to the participant at any time after the date on which the participant applied for a Wisconsin works employment position unless at least one of the conditions specified in s. 49.19 (11s) (b) 1. to 5. is met.".

AB591-SA12,12,22 74. Page 80, line 19: after "parent" insert "or kinship care relative"; and after "parent" insert "or kinship care relative".

AB591-SA12,12,23 75. Page 80, line 19: delete "12 weeks" and substitute "one year".

AB591-SA12,12,24 76. Page 80, line 20: delete "may" and substitute "shall".

AB591-SA12,13,4 77. Page 80, line 22: after the period insert: "A participant under this subsection may elect to participate in a Wisconsin works employment position if the Wisconsin works agency determines that an appropriate position is available for that participant.".

AB591-SA12,13,5 78. Page 80, line 24: substitute "limit" for "limits".

AB591-SA12,13,6 79. Page 80, line 25: delete "or 49.147 (3) (c), (4) (b) or (5) (b) 2.".

AB591-SA12,13,7 80. Page 81, line 5: substitute "limit" for "limits".

AB591-SA12,13,9 81. Page 81, line 6: delete that line and substitute: "s. 49.145 (2) (n) if the child is born to the".

AB591-SA12,13,10 82. Page 81, line 19: after that line insert:

AB591-SA12,13,17 "(1p) Victim of domestic abuse. An individual who meets the eligibility requirements under s. 49.145 (2) and (3), who is a victim of domestic abuse and who has fled the abuser may receive a monthly grant of $555 for up to 12 weeks. A Wisconsin 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 tolling the time limit under s. 49.145 (2) (n).

AB591-SA12,14,2 (1t) Other benefits. (a) An individual who is eligible under s. 49.145 to participate in a Wisconsin works employment position and who applies for a Wisconsin works employment position shall receive from the Wisconsin works agency a monthly grant of $555 if the individual is unable to participate in a Wisconsin works employment position because the individual is unable to secure child care for which the individual is eligible to receive a subsidy under s. 49.155 either because of insufficient child care availability, as determined by the department, or because of insufficient funding.

AB591-SA12,14,5 (b) Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of tolling the time limit under s. 49.145 (2) (n).".

AB591-SA12,14,6 83. Page 83, line 16: after that line insert:

AB591-SA12,14,9 "(3) Shelter vouchers. An individual who is denied participation in all Wisconsin works employment positions because of the application of this section may receive a monthly shelter voucher in an amount equal to the lesser of the following:

AB591-SA12,14,10 (a) The amount due by the individual for rent and utility payments.

AB591-SA12,14,14 (b) Seventy-five percent of the amount the participant would have earned had the individual been allowed to continue participating in the Wisconsin works employment position, calculated as if the individual would have complied with all requirements of that position.".

AB591-SA12,14,16 84. Page 83, line 19: delete "Wisconsin works under s. 49.147 (1) to (5)" and substitute: "any component of Wisconsin works".

AB591-SA12,14,18 85. Page 83, line 23: delete "Wisconsin works agency" and substitute "department".

AB591-SA12,14,19 86. Page 84, line 1: delete lines 1 to 25 and substitute:

AB591-SA12,15,6 "(2) Review. Upon receipt of a timely petition under sub. (1), the department shall give the applicant or participant reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or participant and to the county clerk. The Wisconsin works agency may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or participant, the county clerk and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if any of the following applies:

AB591-SA12,15,7 (a) The applicant or participant withdraws the petition in writing.

AB591-SA12,15,9 (b) The sole issue in the petition concerns an automatic grant adjustment or change for a class of participants as required by state or federal law.

AB591-SA12,15,12 (c) The applicant or participant abandons the petition. Abandonment occurs if the applicant or participant fails to appear in person or by representative at a scheduled hearing without providing the department with good cause therefor.

AB591-SA12,15,19 (3) Suspension of benefits. If a participant requests a hearing in a timely manner, benefits shall not be suspended, reduced or discontinued until a decision is rendered after the hearing but may be recovered by the department if the contested decision or failure to act is upheld. Until a decision is rendered after the hearing, the manner or form of benefit payment to the participant shall not change to a protective, vendor or 2-party payment. Benefits shall be suspended, reduced or discontinued if any of the following applies:

AB591-SA12,15,21 (a) The participant is contesting a state or federal law or a change in state or federal law and not the participant's benefit computation.

AB591-SA12,15,23 (b) The participant is notified of a change in his or her benefit while the hearing decision is pending but the participant fails to request a hearing on the change.

AB591-SA12,16,3 (4) Notice to participant. The participant shall be promptly informed in writing if benefits are to be suspended, reduced or terminated pending the hearing decision.

AB591-SA12,16,7 (5) Retroactive benefits. If the department reverses a decision of the Wisconsin works agency to deny an application for a Wisconsin works employment position based solely on a determination of financial ineligibility, the petitioner shall receive, retroactive to the date that the Wisconsin".

AB591-SA12,16,8 87. Page 85, line 9: on lines 9 and 14, substitute "80%" for "50%".

AB591-SA12,16,14 88. Page 86, line 12: delete lines 12 and 13 and substitute: "services under this section begins on the first day of the month in which the individual met the eligibility criteria under this subsection, not to exceed 3 months prior to the first day of the month in which application is made. Notwithstanding sub. (4) (d), an individual may not be required to pay a monthly premium for services or benefits received under this section prior to receiving a health plan membership card. The".

AB591-SA12,16,16 89. Page 87, line 11: delete the material beginning with that line and ending with page 88, line 6.

AB591-SA12,16,17 90. Page 89, line 3: delete lines 3 to 4 and substitute:

AB591-SA12,16,20 "2. The individual failed to pay the established premium for the previous month. This subdivision does not apply to a child who has not attained the age of 18 on whose behalf another individual is responsible for paying the premium.".

AB591-SA12,16,21 91. Page 89, line 9: delete ", (L)".

AB591-SA12,16,22 92. Page 89, line 12: delete lines 12 to 18.