Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,141,6 " Section 1626g. 48.57 (3p) (h) of the statutes is created to read:

AB100-ASA1-AA8,141,12 48.57 (3p) (h) 1. A person who is denied payments under sub. (3m) for a reason specified in par. (g) 1., 2. or 3. or a person who is prohibited from employing a person in a position in which that person would have regular contact with the child for whom payments under sub. (3m) are being made from permitting a person to be an adult resident for a reason specified in par. (g) 1., 2. or 3. may request that the denial of payments or the prohibition on employment or being an adult resident be reviewed.

AB100-ASA1-AA8,141,20 2. The request for review shall be filed with the director of the county department or, in a county having a population of 500,000 or more, with the person designated by the secretary of health and family services to receive requests for review filed under this subdivision. If the governing body of a federally recognized American Indian tribe or band has entered into an agreement under sub. (3t) to administer the program under this subsection and sub. (3m), the request for review shall be filed with the person designated by that governing body to receive requests for review filed under this subdivision.

AB100-ASA1-AA8,142,8 3. The director of the county department, the person designated by the governing body of a federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services shall review the denial of payments or the prohibition on employment or being an adult resident to determine if the conviction record on which the denial or prohibition is based includes any arrests, convictions or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child. In reviewing the denial or prohibition, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or the person designated by the secretary of health and family services shall consider, but not be limited to, all of the following factors:

AB100-ASA1-AA8,142,10 a. The length of time between the date of the arrest, conviction or of the imposition of the penalty and the date of the review.

AB100-ASA1-AA8,142,12 b. The nature of the violation or penalty and how that violation or penalty affects the ability of the kinship care relative to care for the child.

AB100-ASA1-AA8,142,14 c. Whether making an exception to the denial or prohibition would be in the best interests of the child.

AB100-ASA1-AA8,143,3 4. If the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services determines that the conviction record on which the denial of payments or the prohibition on employment or being an adult resident is based does not include any arrests, convictions or penalties that are likely to adversely affect the child or the ability of the kinship care relative to care for the child, the director of the county department, the person designated by the governing body of the federally recognized American Indian tribe or band or the person designated by the secretary of health and family services may approve the making of payments under sub. (3m) or may permit a person receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident.

AB100-ASA1-AA8,143,4 5. A decision under this paragraph is not subject to review under ch. 227.".

AB100-ASA1-AA8,143,5 650. Page 722, line 8: after that line insert:

AB100-ASA1-AA8,143,6 " Section 1628g. 48.57 (3t) of the statutes is amended to read:

AB100-ASA1-AA8,143,13 48.57 (3t) Notwithstanding subs. (3m) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe to allow that governing body to administer the program under subs. (3m) and (3p) within the boundaries of that reservation. Any agreement under this subsection shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4.".

AB100-ASA1-AA8,143,14 651. Page 727, line 17: delete " 4 " and substitute "4".

AB100-ASA1-AA8,143,15 652. Page 727, line 18: delete "5".

AB100-ASA1-AA8,143,16 653. Page 727, line 19: delete "except that a".

AB100-ASA1-AA8,143,17 654. Page 727, line 20: delete lines 20 to 23.

AB100-ASA1-AA8,143,18 655. Page 727, line 24: delete "department".

AB100-ASA1-AA8,143,19 656. Page 729, line 14: delete " 4 5" and substitute "4".

AB100-ASA1-AA8,143,20 657. Page 730, line 2: delete "5" and substitute "4".

AB100-ASA1-AA8,143,21 658. Page 741, line 2: after that line insert:

AB100-ASA1-AA8,143,22 " Section 1701m. 48.981 (2m) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA8,144,3 48.981 (2m) (b) 2. "Health care service" means family planning services, as defined in s. 253.07 (1) (b), 1995 stats., pregnancy testing, obstetrical health care or screening, diagnosis and treatment for a sexually transmitted disease.".

AB100-ASA1-AA8,144,4 659. Page 759, line 25: delete "and (bm)" and substitute "and , (bm) and (br)".

AB100-ASA1-AA8,144,5 660. Page 760, line 7: after that line insert:

AB100-ASA1-AA8,144,6 " Section 1749m. 49.124 (1m) (br) of the statutes is created to read:

AB100-ASA1-AA8,144,9 49.124 (1m) (br) 1. In this paragraph, "area" means a county or combination of counties; a city; a village; a town; a smaller geographic region of a county, city, village or town; or a federally recognized American Indian reservation.

AB100-ASA1-AA8,144,14 2. The department shall request a waiver from the secretary of the federal department of agriculture to permit the department to waive the work requirement under 7 USC 2015, as amended by section 824 of P.L. 104-193, for any group of individuals, to the extent permitted under federal law, for whom any of the following is true:

AB100-ASA1-AA8,144,16 a. The group resides in an area determined by the department to have an unemployment rate of over 10%.

AB100-ASA1-AA8,144,18 b. The group resides in an area that the department determines does not have a sufficient number of jobs to provide employment for that group of individuals.

AB100-ASA1-AA8,144,24 2m. To determine if any of the conditions under subd. 2. are met, the department shall evaluate independent studies, including studies prepared by the U.S. department of labor, regarding job scarcity or lagging job growth in any area and, if any of those studies indicate that there is a substantial likelihood that any of the conditions under subd. 2. are met in any area, the department shall request a waiver under subd. 2. for any group of individuals residing in that area.

AB100-ASA1-AA8,145,2 3. If the waiver under subd. 2. is granted and in effect, the department shall implement the waiver.".

AB100-ASA1-AA8,145,3 661. Page 762, line 4: delete lines 4 to 8 and substitute:

AB100-ASA1-AA8,145,8 "(b) The department may require an individual whose needs are not considered under par. (a) to submit to a test for use of a controlled substance not more than every 3 months. If, at the end of 12 months, the result of each test is negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.".

AB100-ASA1-AA8,145,9 662. Page 762, line 13: after that line insert:

AB100-ASA1-AA8,145,10 " Section 1755m. 49.124 (7) of the statutes is created to read:

AB100-ASA1-AA8,145,17 49.124 (7) Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.".

AB100-ASA1-AA8,145,20 663. Page 767, line 19: after "1997" insert ", or on the first day of the first month beginning after the effective date of this subsection .... [revisor inserts date], whichever is later".

AB100-ASA1-AA8,145,21 664. Page 773, line 19: after that line insert:

AB100-ASA1-AA8,145,22 " Section 1798m. 49.141 (2g) (a) 1. c. of the statutes is repealed.".

AB100-ASA1-AA8,145,23 665. Page 775, line 12: after that line insert:

AB100-ASA1-AA8,145,24 " Section 1801mm. 49.143 (2) (ep) of the statutes is created to read:

AB100-ASA1-AA8,146,2 49.143 (2) (ep) Distribute the amount specified in the contract for any of the following purposes, as specified in the contract:

AB100-ASA1-AA8,146,5 1. Customized labor training for a participant in a Wisconsin works employment position to provide training for a specific job that an employer has guaranteed to the participant upon successful completion of the training.

AB100-ASA1-AA8,146,7 2. Enhancement of the education and training activities described under s. 49.147 (4) (am) and (5) (bm).

AB100-ASA1-AA8,146,9 3. Employment of job coaches and interpreters for participants in Wisconsin works employment positions.

AB100-ASA1-AA8,146,15 4. Support and treatment services, including child care, family counseling and in-home counseling, for the treatment of alcohol and other drug abuse. A Wisconsin works agency may contract or work with community-based support groups or other organizations to provide the services under this subdivision. Services provided under this subdivision do not include treatment of alcoholism or other drug abuse problems in excess of the minimum coverage required under s. 632.89 (2).

AB100-ASA1-AA8,146,16 5. Learning labs.

AB100-ASA1-AA8, s. 1801mn Section 1801mn. 49.143 (2) (ep) 2. of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA8,146,20 49.143 (2) (ep) 2. Enhancement of the education and training activities described under s 49.147 (4) (am) (b) 1. a. and (5) (bm).".

AB100-ASA1-AA8,146,23 666. Page 778, 3: delete lines 3 and 4 and substitute "remain assigned to the state until the amount due to the federal government has been recovered. No amount of support".

AB100-ASA1-AA8,147,3 667. Page 778, line 10: after "works." insert "The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.".

AB100-ASA1-AA8,147,5 668. Page 779, line 13: after "statutes" insert ", as affected by 1997 Wisconsin Act .... (this act),".

AB100-ASA1-AA8,147,8 669. Page 780, line 16: after "employment." insert "Participation in customized training, as described in s. 49.143 (2) (ep) 1., shall be considered participation in education and training activities under this subd. 1. a.".

AB100-ASA1-AA8,147,12 670. Page 780, line 17: after "week." insert "To the extent that the participation in customized training, as described in s. 49.143 (2) (ep) 1., exceeds 10 hours per week, it shall be considered participation in a community service job under this subd. 1. b.".

AB100-ASA1-AA8,147,13 671. Page 780, line 24: substitute "attained the age" for "obtained the age".

AB100-ASA1-AA8,147,18 672. Page 783, line 22: after the period insert "Participation in customized training, as described in s. 49.143 (2) (ep) 1., shall be considered participation in education and training activities. To the extent that the participation in customized training exceeds 10 hours per week, it shall also be considered part of the work requirement.".

AB100-ASA1-AA8,147,19 673. Page 784, line 1: substitute "attained the age" for "obtained the age".

AB100-ASA1-AA8,147,20 674. Page 786, line 12: delete "$555 $673" and substitute "$555".

AB100-ASA1-AA8,147,21 675. Page 786, line 15: delete "$4.25 $5.15" and substitute "$4.25".

AB100-ASA1-AA8,147,22 676. Page 786, line 20: delete "(a)" and substitute " (c)".

AB100-ASA1-AA8,147,23 677. Page 786, line 21: delete "$5.15" and substitute " $4.25".

AB100-ASA1-AA8,148,1 678. Page 787, line 2: delete "$673" and substitute "$555".

AB100-ASA1-AA8,148,2 679. Page 787, line 5: delete "$5.15" and substitute "$4.25".

AB100-ASA1-AA8,148,8 680. Page 787, line 7: after the period insert "If a participant in a community service job under s. 49.147 (4) (b) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph may be reduced by an amount equal to the product of $5.15 and the difference between 30 and the number of hours the participant is required to work.".

AB100-ASA1-AA8,148,9 681. Page 787, line 15: delete "$518 $628" and substitute "$518".

AB100-ASA1-AA8,148,10 682. Page 787, line 19: delete "$4.25 $5.15" and substitute "$4.25".

AB100-ASA1-AA8,148,11 683. Page 787, line 25: delete "$555 $673" and substitute "$555".

AB100-ASA1-AA8,148,12 684. Page 788, line 3: delete "(a)" and substitute " (c)".

AB100-ASA1-AA8,148,13 685. Page 788, line 14: delete "$673" and substitute "$555".

AB100-ASA1-AA8,148,14 686. Page 788, line 17: delete "(a)" and substitute "(c)".

AB100-ASA1-AA8,148,15 687. Page 789, line 11: delete lines 11 to 16 and substitute:

AB100-ASA1-AA8,148,16 " Section 1819b. 49.148 (3) of the statutes is repealed.".

AB100-ASA1-AA8,148,23 688. Page 790, line 1: delete lines 1 to 5 and substitute "job or transitional placement, if less than 12 months. The Wisconsin works agency may require the participant to submit to a test for the use of a controlled substance not more than every 3 months. If, at the end of 12 months, the result of each test is negative and the individual is still a participant in a community service job or transitional placement, the Wisconsin works agency shall discontinue the reduction under this subsection.".

AB100-ASA1-AA8,149,1 689. Page 790, line 12: after that line insert:

AB100-ASA1-AA8,149,2 " Section 1820c. 49.15 of the statutes is created to read:

AB100-ASA1-AA8,149,5 49.15 Wisconsin works; 2-parent families. (1) Definition. In this section, "other parent" means a parent who is not a participant in a Wisconsin works employment position.

AB100-ASA1-AA8,149,16 (2) Requirements for nonparticipant parent. (a) If a participant in a Wisconsin works employment position resides with the other parent of a dependent child with respect to whom the participant is a custodial parent, the other parent shall participate in activities described under sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child. The other parent shall participate in activities described under sub. (3) for a number of hours per week that is at least equal to the difference between 55 hours and the sum of the number of hours that the participant in the Wisconsin works employment position participates in the Wisconsin works employment position and the number of hours that the participant in the Wisconsin works employment position participates in any activity described in sub. (3) during that week.

AB100-ASA1-AA8,149,19 (b) Paragraph (a) does not apply if the other parent is disabled, as defined by the department, or is caring for a severely disabled child, as defined by the department.

AB100-ASA1-AA8,149,22 (3) Prescribed work activities. An individual who is subject to the work requirement under sub. (2) may satisfy the requirement only by participating in any of the following activities:

AB100-ASA1-AA8,149,23 (a) Unsubsidized employment, as defined in s. 49.147 (1) (a).

AB100-ASA1-AA8,149,24 (b) Subsidized employment, as defined by the department.

AB100-ASA1-AA8,150,2 (c) If sufficient private sector employment is not available, work experience, as defined by the department.

AB100-ASA1-AA8,150,3 (d) On-the-job training, as defined by the department.

AB100-ASA1-AA8,150,4 (e) A community service program, as defined by the department.

AB100-ASA1-AA8,150,17 (4) Grant. An individual who satisfies the requirement under sub. (2) by participating in any of the activities under sub. (3) (b) to (e) shall receive a monthly grant of $555, paid by the Wisconsin works agency. For every hour that the individual fails to participate for the required hours under sub. (2) without good cause and for every hour that the individual participates in an activity under sub. (3) (a) to satisfy the requirement under sub. (2), the grant amount shall be reduced by $4.25. 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 violence. If the individual is required under sub. (2) to work fewer than 30 hours per week, the grant amount shall be reduced by an amount equal to the product of $4.25 and the difference between 30 and the number of hours that the individual is required to participate under sub. (2).

AB100-ASA1-AA8, s. 1820d Section 1820d. 49.151 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,151,6 49.151 (1) Refusal to participate. (intro.) A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant is also ineligible to participate in that Wisconsin works employment position component if an individual in the participant's Wisconsin works group is subject to the work requirement under s. 49.15 (2) and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant refuses to participate in a Wisconsin works employment position component if the participant does or an individual who is subject to the work requirement under s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:

AB100-ASA1-AA8, s. 1820e Section 1820e. 49.151 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,151,11 49.151 (1) (a) Expresses The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.