Under the bill, before DNR promulgates its rule concerning a hazardous substance for which a federal minimum reporting amount has been established, a person is not required to report to DNR a discharge of that hazardous substance if the amount of the discharge is less than the federal minimum reporting amount.
*** Analysis from -2528/2-2123/3 ***
Under current law, the recycling market development board provides financial and other assistance to improve the marketing of, and to develop markets for, certain materials recovered from solid waste. The board consists of the secretaries of natural resources and development and 9 members appointed by the governor. Under current law, the board is attached to DOA. Under this bill, the board is attached to the department of development (DOD), effective on July 1, 1996. The bill also reduces the size of the recycling market development board by 4 appointees. The bill terminates the membership of the 9 current members appointed by the governor, allowing the governor to appoint 5 new members. The bill also eliminates the position of executive director of the board.
Under current law, the board provides assistance for materials that are recovered by recycling programs operated by local governmental units and that are required to be recycled under this state's recycling law. This bill requires the board to annually establish a list of materials recovered from solid waste that are eligible for assistance from the board. The list must include the materials that are required to be recycled under this state's recycling law.
*** Analysis from -2529/1 ***
Under this state's recycling law, persons are generally prohibited from disposing of specified discarded materials in landfills and from incinerating specified discarded materials. These prohibitions do not apply to discarded materials from an area that has an effective recycling program. If the area is in another state, the state must also have an approved landfill siting program.
In order to be an effective recycling program, a recycling program must require persons in the area to separate the specified materials from their solid waste or send their solid waste to a facility that separates the materials from solid waste, but DNR may grant a one-year variance from that requirement with respect to a specified material in the event of an emergency or if the cost of selling the material exceeds specified amounts.
Current law also authorizes DNR to grant an exception from the disposal and incineration prohibitions for a specified material to a local governmental unit that operates a recycling program in the event of an emergency. An exception may be for up to one year.
This bill requires DNR to review markets for the discarded materials to which the landfill and incineration prohibitions apply, beneficial uses for those materials and technologies for managing those materials in solid waste. If DNR finds that a prohibition with respect to a specific material is not feasible or practical and that the prohibition is not needed to achieve the goals of this state's solid waste management policy, DNR may do one of the following:
1. Promulgate a rule specifying conditions under which the material may be disposed of in a landfill or incinerated.
2. Exempt specified persons from the landfill or incineration prohibition with respect to the material.
3. Authorize, for up to one year, the material to be disposed of in a landfill or incinerated.
The bill also authorizes DNR to grant a variance so that an effective recycling program need not require persons to separate a specified material from solid waste if DNR takes one of the actions in items 1 to 3, above, with respect to the material.
The authority granted to DNR concerning exemptions from the landfill and incineration prohibitions and variances for effective recycling programs replaces the authority granted DNR under current law to grant exemptions and variances in emergencies.
*** Analysis from -2530/1 ***
Under current law, DNR determines whether recycling programs are effective and whether to approve other states' landfill siting programs. Under current law, DNR may approve an out-of-state recycling program only by formal rule-making procedures.
A federal district court has held that the procedural requirements (for escaping the disposal and incineration prohibitions) imposed on out-of-state municipalities, beyond those requirements placed on municipalities located within this state, discriminates against out-of-state interests in violation of the commerce clause of the U.S. Constitution. National Solid Wastes Management Assoc. v. Meyer, No. 94-C-0603-S (W.D. Wis. Dec. 15, 1994), petition for cert. filed.
Under this bill, an out-of-state municipality is not required to obtain DNR approval of its state's landfill siting program before disposing of or incinerating specified recyclable materials in this state. Under the bill, DNR is not required to undertake formal rule-making procedures to determine that an out-of-state municipality has an effective recycling program.
*** Analysis from -2128/3 ***
Current law generally prohibits the burning of yard waste without energy recovery in a solid waste facility in this state. Current law authorizes DNR to grant waivers to the prohibition on burning yard waste to allow the burning of brush or other clean woody vegetative material no greater than 6 inches in diameter at wood burning facilities licensed by DNR.
This bill provides that the prohibition on burning yard waste without energy recovery does not apply to the burning of brush or other clean woody vegetative material no greater than 6 inches in diameter at a wood burning facility that is licensed or permitted by DNR.
*** Analysis from -2598/5 ***
Under current law, the council on recycling advises various state agencies, the packaging industry, state and local authorities and others to promote the efficient and prompt implementation of state programs related to solid waste reduction, recovery and recycling. This bill abolishes the council on recycling and transfers the functions of the council on recycling to the recycling market development board.
*** Analysis from -1078/1 ***
This bill authorizes DNR to seek funds from any source for the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort by DNR and the person providing the funds to remedy the environmental contamination.
Currently, with certain exceptions, no elective state official, candidate for state office, legislative employe or official of a state agency who participates in the rule-making process may solicit anything of pecuniary value from a lobbyist or principal. This bill provides that this prohibition does not apply to the solicitation by an agency official of DNR of funds to pay the costs of remedying environmental contamination.
*** Analysis from -0389/1 ***
Under current law, the low -- level radioactive waste council ceases to exist after July 1, 1996. This bill extends the existence of the low -- level radioactive waste council to June 30, 2002.
*** Analysis from -2195/1 ***
Other environment
Under current law, the attorney general must designate an assistant attorney general as the public intervenor. The public intervenor is generally authorized to formally initiate actions and intervene in all proceedings before any state agency or any court where the intervention is needed for the protection of public rights in water and other natural resources. In addition, under current law, the attorney general must appoint a public intervenor advisory committee. This bill eliminates the public intervenor position and eliminates the requirement that the attorney general appoint a public intervenor advisory committee.
*** Analysis from -0813/5 ***
Under the current hazardous pollution prevention assessment grant program, DOD, in consultation with the hazardous pollution prevention program in the University of Wisconsin-Extension (UW-Extension), awards grants to applicants for the purpose of having an assessment conducted to determine the full costs of using and producing hazardous substances, toxic pollutants and hazardous waste; to identify processes that use or produce such substances, pollutants or waste; and to identify options for the prevention of hazardous pollution. Also under current law, the hazardous pollution prevention board, which is attached to DOD, has a number of responsibilities related to hazardous pollution prevention.
This bill eliminates the board and replaces it with a hazardous pollution prevention council in DOD. The bill eliminates DOD's hazardous pollution prevention assessment grant program and, in its place, DOD is authorized to contract with the board of regents of the UW System for business assessment services from the UW-Extension solid and hazardous waste education center for the same purposes as those for which assessments were conducted under the grant program. In addition to authorizing DOD to contract for business assessments, the bill requires DOD, in coordination with DNR, the UW-Extension and the hazardous pollution prevention council, to conduct an education, environmental management and technical assistance program to promote the prevention of hazardous pollution among businesses in the state.
*** Analysis from -2180/2 ***
This bill creates an environmental science council in DOA, consisting of 9 members, appointed by the governor, who have expertise in the engineering sciences, economic sciences, biological sciences, physical sciences, human medical sciences or statistical or risk assessment sciences. The council, upon the request of the governor or the secretary of administration, is required to advise the governor or the secretary on: issues affecting the protection and management of the environment and natural resources in this state; proposed rules that establish environmental or natural resources standards or other criteria; the scientific and technical adequacy of environmental programs, methodologies, protocols and tests; scientific standards or other criteria for protection of human health and the environment; the quality of state agency environmental plans or programs of research, development and demonstration; and the importance of natural and anthropogenic sources of pollution. Also, the council, upon the request of the governor or the secretary of administration, is required to consult with state agencies on any environmental matter.
*** Analysis from -1713/1 ***
Currently, the recycling fund is used to finance programs and activities relating to recycling, including grants to assist local governmental units to pay for their recycling programs. This bill transfers $25,000,000 from the recycling fund to the general fund.
*** Analysis from -2086/2 ***
Gambling
Under current law, the state levies a 2% tax on the total amount wagered on dog races on a given race if the total amount wagered on all previous days during the year is not more than $25,000,000; a 2 2/3% tax if the amount is more than $25,000,000 but not more than $100,000,000; a 4 2/3% tax if the amount is more than $100,000,000 but not more than $150,000,000; a 6 2/3% tax if the amount is more than $150,000,000 but not more than $200,000,000; a 7 2/3% tax if the amount is more than $200,000,000 but not more than $250,000,000; and an 8 2/3% tax if the amount is more than $250,000,000. This bill reduces the tax to a 1% tax if the total amount wagered on all previous days during the year is not more than $25,000,000; to a 2% tax if the amount is more than $25,000,000 but not more than $100,000,000; to a 4% tax if the amount is more than $100,000,000 but not more than $150,000,000; to a 6% tax if the amount is more than $150,000,000 but not more than $250,000,000; and to an 8% tax if the amount is more than $250,000,000.
Under current law, a racetrack licensee is required to round down payouts to the nearest 10 cents. This rounding down may result in surplus funds in the wagering pool and is called the "breakage". Under current law, a racetrack licensee is required to pay 50% of the breakage to the state. This bill allows a racetrack licensee to retain 100% of the breakage.
*** Analysis from -2087/1 ***
Under current law, an intertrack wagering licensee (a person who is issued a license by the gaming commission for the purpose of simultaneously televising -- that is, simulcasting -- a race at one racetrack that is being conducted at a different racetrack) may not simulcast and accept wagers on more than 9 races a year, nor accept wagers on more than one race when 2 or more races are simulcast at the same time. This bill eliminates these restrictions.
Under current law, an intertrack wagering licensee must pay 50% of the total amount of intertrack wagers to the racetrack at which the race is actually conducted, after making certain allocations. These allocations are as follows: a) on days on which no racing is held at the racetrack, but simulcast races take place, the licensee must distribute 3.5% of the total amount of intertrack wagers to the host track for purses at the host track and must retain at least 1% of the total amount of intertrack wagers for purses at the licensee's racetrack; and b) on days on which racing is held at the racetrack, in addition to simulcast races, these percentages are 2.25% and 2.25%, respectively. This bill changes these allocations by requiring only that the intertrack wagering licensee retain at least 1.5% of the total amount of intertrack wagers for purses at the racetrack at which the intertrack wagering was conducted.
Under current law, a racetrack licensee must deduct 17% of the total amount wagered on a straight pool race -- that is, a race in which a person picks a single animal to win, place or show -- and 23% of the total amount wagered on a multiple pool race -- that is, a race in which a person picks 2 or more animals to finish in a certain order -- and pay the remainder to winning ticket holders. This bill allows racetrack licensees to deduct up to 20% of the total amount wagered on a straight pool race and 25% of the total amount wagered on a multiple pool race.
*** Analysis from -2607/3 ***
Under current law, the gaming commission consists of 3 full-time members appointed for 4-year terms. This bill changes the composition of the commission, effective on January 1, 1996, to consist of one full-time member, who is to be the chairperson and who is appointed for a 4-year term, and 2 other members who are to be appointed from the ranks of state employment for 2-year terms and who are not required to be full-time members of the commission.
*** Analysis from -1541/4 ***
Under current law, the gaming security division in the gaming commission is responsible for providing all security services for gaming operations, monitoring regulatory compliance of gaming operations, auditing gaming operations and investigating suspected violations of gaming-related laws. This bill abolishes, on January 1, 1996, the gaming security division and requires the gaming commission to enter into a contract with either the department of administration (DOA) or another person for the performance of these functions.
*** Analysis from -0985/2 ***
Under current law, DOA is authorized to contract for management consultation services to assist in the management or operation of the state lottery, but DOA is not authorized to contract for financial auditing or security monitoring services for the state lottery. Under this bill, DOA is not prohibited from contracting for data processing auditing services for the state lottery.
Under current law, DOA must require separate bids or separate competitive sealed proposals for management consultation services, instant lottery ticket services and supplies and on-line services and supplies. This bill eliminates this requirement with respect to on-line services and supplies and provides that instant lottery ticket data processing services are not subject to these bid and concealed proposal requirements.
*** Analysis from -0984/2 ***
This bill increases the compensation paid to a person who sells lottery tickets from 5% to 6% of the retail price of the lottery ticket or lottery share sold by that person. In addition, the bill eliminates the authority of the gaming commission to pay an incentive bonus to a person who sells lottery tickets.
*** Analysis from -2098/3 ***
Under current law, the administrator of the lottery division in the gaming commission and the administrator of the racing division in the gaming commission are each authorized to appoint and supervise a deputy and assistant to serve outside the classified service. This bill eliminates these deputy and assistant positions.
Under current law, there exists an executive assistant to the gaming commission. This bill eliminates this position and creates a deputy to the gaming commission. Also, the bill creates a director of a charitable gaming and crane games subunit in the gaming commission.
*** Analysis from -0979/5 ***
Under current law, the gaming commission may establish a separate Indian gaming subunit to coordinate the state's activities regarding Indian gaming. Current law provides that the director of the Indian gaming subunit is in the classified service. This bill provides that the director of the Indian gaming subunit must be in the unclassified service.
*** Analysis from -2263/1 ***
Under current law, the gaming commission is required, immediately after every race, to test the animal that won the race and an additional animal selected at random for any medications or foreign substances that may have been administered to that animal. This bill changes this requirement by providing that the gaming commission must test only one animal.
*** Analysis from -2153/3 ***
Health and social services
Public assistance
Transfer of functions from the department of health and social services
Under current law, the department of health and social services (DHSS) provides state administration of a range of economic support and work programs. These programs include: the aid to families with dependent children (AFDC) program; the job opportunities and basic skills (JOBS) program, which requires certain AFDC recipients to participate in employment and training programs; the work experience and job training program for certain noncustodial parents, commonly referred to as the children-first program; the food stamp program, under which certain low-income families are provided with food coupons; the general relief program; the relief of needy Indian persons program (RNIP); the medical assistance or medicaid program, which provides certain medical services to certain low-income individuals and recipients of certain other forms of public assistance; the program for providing state supplements to recipients under the federal supplemental security income (SSI) program, which provides cash payments to certain aged and disabled individuals; the low-income energy assistance program; and the program for paying funeral expenses of certain public assistance recipients. DHSS annually contracts with county departments of social services and human services for county income maintenance administration of RNIP, AFDC and medical assistance. Under these contracts, DHSS reimburses counties for certain administrative expenses and for payments to recipients and providers of services. Among other duties, DHSS submits to the federal authorities state plans for the administration of AFDC and medical assistance, promulgates rules that establish standards for eligibility for the programs, supervises cost accounting and management information systems that monitor utilization of services by public assistance recipients, recovers overpayments under these programs and conducts activities to reduce payment errors.
This bill transfers from DHSS to the department of industry, labor and human relations (DILHR), effective July 1, 1996, the powers and duties of state agency supervision for the administration of AFDC, JOBS, and all of the AFDC and JOBS pilot programs including learnfare, work-not-welfare and the parental responsibility pilot program. The learnfare pilot program requires certain children in families receiving AFDC to attend school as a condition of receiving AFDC benefits; the work-not-welfare pilot program sets time limits on AFDC benefits and requires AFDC recipients subject to the program to meet certain employment and training requirements; and the parental responsibility pilot program limits AFDC benefit increases for certain additional children born to AFDC recipients and requires AFDC recipients to participate in certain training and parental education programs. The bill also transfers from DHSS to DILHR administration of the food stamps program and the employment and training program for food stamp recipients; the children-first program; and the program for payment of funeral expenses for recipients of certain public assistance programs. The bill also transfers from DHSS to DILHR the responsibility for state supervision of income maintenance administration by county departments of social services and human services for medical assistance and RNIP. This includes supervision of county efforts to reduce recipient fraud under medical assistance and RNIP. However, DHSS retains responsibility for administering all aspects of medical assistance other than supervision of county income maintenance administration. DHSS also retains responsibility for administering general relief and RNIP which, as discussed below, are combined into an emergency medical relief program, and the state SSI supplement. Administration of the low-income energy assistance program is transferred under the bill from DHSS to the department of administration (DOA).
*** Analysis from -1701/5 ***
General relief and RNIP
Under current law, a county is required to provide general relief to all eligible dependent persons within the county. A similar program provides relief to needy Indian persons residing on tax-free land. This bill combines the general relief and RNIP programs into a single program called emergency medical relief, under which benefits are limited to emergency medical services. Participation by counties and tribal governing bodies in the program is optional. Under the bill, counties and tribal governing bodies may establish their own relief programs that are more comprehensive than emergency medical relief; however, partial state reimbursement is provided only to counties that elect to provide emergency medical relief and only with respect to eligible emergency medical relief costs. In particular, the bill makes the following changes:
1. Eligibility. Under current law, eligibility for general relief is determined primarily in accordance with written criteria, established by counties, to determine dependency. However, state law provides that certain people who have recently moved to the state are ineligible for general relief until they have resided in the state for at least 60 consecutive days. State law also provides that no person is eligible for general relief if the person is eligible for benefits under the AFDC or SSI programs, if the person fails to comply with general relief work requirements, if the person is removed from certain other public assistance programs as a result of sanctions or if the person is ineligible for AFDC because of provisions under the work-not-welfare pilot program, which provides AFDC benefits only for a limited time period. Similarly, current law provides that a person is not eligible for general relief medical benefits if the person is ineligible for medical assistance because the person has divested resources.
Eligibility for RNIP is currently determined under state law. A person is eligible if the person is an American Indian residing on tax-free land or is the spouse or child of such a person residing in the same household, if the person is ineligible for SSI, AFDC or medical assistance, if the person complies with RNIP work requirements and if the person meets the financial eligibility criteria under the AFDC program. A person is ineligible for RNIP if the person is ineligible for AFDC because of provisions under the work-not-welfare program.
Under this bill, eligibility for the emergency medical relief program is similar to eligibility under the current general relief program. A person is eligible for medical relief if the person resides in a county or on tribal land that elects to provide emergency medical relief and if the person qualifies under written criteria of dependency established by the emergency medical relief agency in that county or on that tribal land. The same state residency requirements which currently exist under the general relief program apply to emergency medical relief, as do the provisions requiring ineligibility of persons who receive other forms of public assistance or who have divested themselves of resources. However, unlike the eligibility criteria under the general relief program, persons who have been sanctioned under other public assistance programs or who have become ineligible for AFDC under the work-not-welfare program continue to be eligible for emergency medical relief.
2. Benefits. Currently, both the general relief and RNIP programs provide eligible recipients with cash benefits or in-kind relief for nonmedical support. These benefits are eliminated under this bill, as are nonemergency medical benefits. Under the emergency medical relief program, recipients may receive only emergency hospitalization and care when, in the reasonable professional judgment of a physician, emergency medical treatment or hospitalization is necessary because severe physical or psychological damage to the recipient will occur if the treatment or hospitalization is withheld. DHSS is required to promulgate rules establishing standards to be used by physicians in making this judgment.
3. Administration. Currently, there are a number of requirements that must be followed by counties in administering general relief, including procedures that must be followed by hospitals and counties that provide emergency medical treatment or hospitalization and provisions granting applicants for, and recipients of, general relief a number of procedural rights. These administrative provisions are largely eliminated in this bill. Instead, like the RNIP program under current law, many requirements concerning the administration of the emergency medical relief program are left to DHSS to specify in rules. The bill requires DHSS to promulgate rules regarding the administration of emergency medical relief, including procedures for making eligibility determinations, procedures for counties and tribal governing bodies to follow in obtaining partial reimbursement for emergency medical relief expenses and procedures for appealing eligibility determinations.
4. State reimbursement. Under current law, the state reimburses a county for up to 37.5% of eligible cash benefit costs under the general relief program. The state also reimburses up to 40% of eligible medical costs incurred by the county for a recipient that are not more than $10,000 and up to 70% of eligible medical costs over that amount, except in a county that enrolls its recipients in a prepaid health plan and meets certain additional criteria, in which case the state reimburses the county for 60% of the enrollment costs. If there are not enough funds appropriated to pay the maximum percentages permitted under current law, DHSS prorates the available funds among the counties claiming reimbursement. Current law also requires a county to accept, as payment of a claim for reimbursement of general relief costs, certain payments made to county hospitals and county mental health complexes under the medical assistance program. There is no reimbursement by the state for administrative costs relating to general relief. Under current law, the state reimburses elected tribal governing bodies for 100% of RNIP benefits and for 100% of RNIP administrative costs.
Under this bill, reimbursement is provided only for eligible emergency medical costs. For counties, the reimbursement percentages are the same as under current law, except that if a county operates a comprehensive medical relief program and enrolls its participants in a prepaid health plan, the state reimburses the county for 60% of the portion of the enrollment costs for all recipients that are attributable to emergency medical services. Under the bill, DHSS is required to promulgate rules for determining the portion of the enrollment costs that are attributable to emergency care. Counties are required to treat certain payments to county hospitals and county mental health complexes under the medical assistance program as reimbursement for emergency medical relief. If there are insufficient funds appropriated to pay counties the maximum reimbursement percentages, proration among the counties is required. For tribal governing bodies, the state reimburses 100% of eligible emergency medical costs, but no longer reimburses tribal governing bodies for any administrative costs. As under current law, reimbursement is made to counties on a yearly basis and reimbursement is made to tribal governing bodies in accordance with DHSS rules.
5. Repeal of general relief and RNIP work programs. Under current law, recipients of general relief and RNIP may be required to participate in work or grant diversion programs. Under the general relief grant diversion program, counties may use a recipient's general relief grant to pay up to 50% of the wages that an employer pays to the recipient for a period of up to 6 months. If the employer fails to retain the individual as an employe for at least 3 months after the wage subsidization has ended and the employe was not dismissed for cause, the employer must pay back the wage subsidization that it received. As part of general relief work programs, the general relief agency may require participation in educational or other programs that, in the judgment of the general relief agency, can assist the recipient in achieving financial independence. Current law provides for similar RNIP work relief and grant diversion programs, as well as for tribal economic development projects. This bill repeals these work and grant diversion programs. The bill authorizes counties to operate their own county-funded relief programs and permits counties to include work components in these relief programs.
6. Other changes. This bill makes a number of other changes related to the elimination of general relief and relief of needy Indian persons and the establishment of emergency medical relief programs and optional county-funded relief programs. The bill repeals provisions governing recovery of cash overpayments and repeals provisions that allow these amounts to be recovered by withholding any state income tax refunds due the recipient. Currently, the Wisconsin conservation corps and the Wisconsin service corps programs are required to attempt to hire 50% of their corps members from among recipients of specified types of public assistance. The bill changes these specified types of public assistance to eliminate general relief and RNIP and to include optional county-funded relief programs. The bill also amends a number of provisions exempting general relief and RNIP benefits from attachment and garnishment to exempt optional county-funded relief programs instead. Similarly, the exemption of general relief benefits from income, for purposes of the Wisconsin individual income tax, is replaced with an exemption for cash benefits provided under optional county-funded relief programs.
*** Analysis from -0756/3 ***
Under current law, the state provides funding to counties to provide certain types of mental health and alcohol and other drug abuse treatment services through what is commonly referred to as "community aids". Under the general relief program, the state also reimburses counties for a portion of counties' general relief medical costs. This bill provides that counties are not required to provide mental health and alcohol and other drug abuse treatment services under the general relief program or, after January 1, 1996, under the emergency medical relief program, and prohibits state reimbursement for these services under these programs.
*** Analysis from -0745/4 ***
Aid to families with dependent children
Under this bill, DHSS is required to conduct a demonstration project, pursuant to a waiver from the secretary of the federal department of health and human services, that would permit DHSS to limit increases in an AFDC grant for certain additional children. Under the demonstration project, in determining the amount of the AFDC grant, DHSS would not consider a child born into a family more than 10 months after the date on which the family was first determined to be eligible for AFDC, subject to certain exceptions. The demonstration project does not apply to certain children who are conceived as a result of sexual assault or incest. It also does not apply to a child who is born into a family that did not receive AFDC benefits for 6 months, other than as a result of being sanctioned, and who is born during that time or not more than 10 months after the family resumed receiving AFDC benefits. In addition, it does not apply to a child who does not reside with his or her biological parents. If the waiver is granted, DHSS may award grants to counties to provide family planning education services to persons covered by the waiver. The waiver does not apply to persons subject to the parental responsibility pilot program. DHSS may request that the waiver apply to all AFDC recipients or to a test group determined by DHSS. If the waiver is granted and in effect, the bill requires DHSS to implement the waiver.
*** Analysis from -0748/3 ***
Under the JOBS program, AFDC recipients who are not exempt are required to participate in certain jobs-related activities. DHSS has received a waiver from the federal government to permit the state to require participation in the JOBS program of certain parents and other caretakers of children who would otherwise be exempt from participation under federal law and regulations. Current state law requires participation of parents and other caretakers of children who have attained 2 years of age. Current federal law now grants states the option of requiring parents and other caretakers of children who have attained one year of age to participate in the JOBS program. This bill eliminates the current provision regarding the waiver and takes advantage of the federal law option to require JOBS participation of parents and other caretakers of children who have attained one year of age.
In addition, the bill requires DHSS to request a waiver from the federal department of health and human services to permit DHSS to require AFDC applicants to provide verification of compliance with certain orientation and job search activities before providing aid under the AFDC program. Under the waiver, DHSS may require attendance at one or more orientation sessions during the 30-day period beginning on the date that the applicant applied for AFDC. In addition, DHSS may require participation in not more than 30 days of job search activities by an AFDC applicant who is subject to the JOBS program. Exceptions to the mandatory orientation and job search requirements may be made if a determination is made that the AFDC applicant would not benefit from application of the requirement. In addition, DHSS may not require participation in orientation or job search activities for certain AFDC recipients who are subject to certain school attendance requirements under the learnfare program, if the orientation or job search activity would conflict with school attendance.
*** Analysis from -0749/3 ***