SECTION 37. 49.1515 of the statutes is created to read:
49.1515 Determining nonparticipation without good cause. (1) GUIDELINES BY RULE. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s. 49.151 (1) (a), (b), (c), (d), or (e) is demonstrating a refusal to participate.
(2) ACTIONS BEFORE DETERMINATION. Before determining under s. 49.151 that a participant is ineligible to participate in the Wisconsin Works program, the Wisconsin Works agency shall do all of the following:
(a) Determine whether the failure of the participant or individual to participate is because the participant or individual refuses to participate or is unable to participate.
(b) Ensure that the services offered to the participant or individual are appropriate for him or her.
(c) Determine whether good cause exists for the failure to participate.
(3) CONCILIATION PERIOD FOR COMPLIANCE. (a) If a Wisconsin Works agency, in accordance with rules promulgated under sub. (1) and after taking the steps required under sub. (2), determines that a participant or individual has refused to participate without good cause, the Wisconsin Works agency shall allow the participant or individual a conciliation period during which he or she must participate in all assigned activities unless good cause exists that prevents compliance during the conciliation period.
(b) The department shall by rule establish the length of time for a conciliation period.
SECTION 38. 49.153 (1) (a) of the statutes is renumbered 49.153 (1) (bm) and amended to read:
49.153 (1) (bm) Provide After providing the explanation under par. (am), provide to the participant written notice of the proposed action and of the reasons for the proposed action.
SECTION 39. 49.153 (1) (b) of the statutes is renumbered 49.153 (1) (am) and amended to read:
49.153 (1) (am) After providing written notice, explain Explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.
SECTION 40. 49.153 (1) (c) of the statutes is amended to read:
49.153 (1) (c) After providing the notice under par. (a) and the explanation or the attempts to provide an explanation under par. (b), (am) and the notice under par. (bm), if the participant has not already been afforded a conciliation period under s. 49.1515 (3) allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.
SECTION 41. 49.155 (1m) (a) 1. of the statutes is amended to read:
49.155 (1m) (a) 1. Meet the Attend school attendance requirement under s. 49.26 (1) (ge).
SECTION 42. 49.155 (1m) (a) 1m. (intro.) of the statutes is amended to read:
49.155 (1m) (a) 1m. (intro.) Obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) enrolled in school and at least one of the following conditions is met:
SECTION 43. 49.26 of the statutes is repealed.
SECTION 44. 49.32 (6) of the statutes is amended to read:
49.32 (6) WELFARE REFORM STUDIES. The department shall request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the learnfare school attendance requirement under s. 49.26 (1) (g) and the modification of the earned income disregard under s. 49.19 (5) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs and providing financial incentives and in identifying barriers to independence.
SECTION 45. 49.79 (1) (fm) of the statutes is created to read:
49.79 (1) (fm) "School" means any of the following:
1. A public school, as described in s. 115.01 (1).
2. A private school, as defined in s. 115.001 (3r).
3. A technical college pursuant to a contract under s. 118.15 (2).
4. A course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.
SECTION 46. 49.79 (9) (a) 3. of the statutes is amended to read:
49.79 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher education.
SECTION 47. 118.15 (5) (b) 1. of the statutes is repealed.
SECTION 48. 118.15 (5) (b) 2. of the statutes is renumbered 118.15 (5) (b).
SECTION 49. 118.16 (2m) (a) 2. of the statutes is amended to read:
118.16 (2m) (a) 2. An employee of the school district who is directly involved in the provision of a modified program or curriculum under s. 118.15 (1) (d), a program for children at risk under s. 118.153 or an alternative educational program under s. 119.82, or any other alternative educational program to children who attend the school attended by the truant child, if the school district administrator believes that the program or curriculum may be appropriate for the truant child.
SECTION 50. 119.82 of the statutes is repealed.
SECTION 51. 948.45 (1) of the statutes is amended to read:
948.45 (1) Except as provided in sub. (2), any Any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under is guilty of a Class C misdemeanor.
SECTION 52. 948.45 (2) of the statutes is repealed.
SECTION 9308. Initial applicability; Children and Families.
(1) MISCELLANEOUS PARTICIPATION REQUIREMENTS UNDER WISCONSIN WORKS. The treatment of sections 49.145 (2) (n) 1. (intro.) and a., 2., and 4. (intro.), 49.147 (3) (c), (4) (as), (at), (av), and (b), (5) (b) 1. (intro.), a., c., d., and e. and 2., (bs), and (bt), and (5m) (a) (intro.) and 1. and (c), 49.148 (1) (c) and (4) (b), 49.151 (1) (intro.) and (b), 49.1515, 49.153 (1) (a), (b), and (c), and 49.155 (1m) (a) 1. and 1m. (intro.) of the statutes and the amendment of section 49.148 (1m) (a) and (b) of the statutes first apply to individuals participating in Wisconsin Works on the effective date of this subsection.
(2) WISCONSIN WORKS AGENCY CONTRACTS. The treatment of sections 49.143 (2) (a), (am), and (bm) and (2m) (intro.) and (f) (intro.) and 49.147 (5m) (a) 1. and (c) of the statutes and the repeal of section 49.143 (2) (b) of the statutes first apply to Wisconsin Works agencies that enter into agency contracts or that renew agency contracts on the effective date of this subsection.
(3) REPEAL OF LEARNFARE.
(a) Compulsory school attendance. The treatment of section 118.15 (5) (b) 1. and 2. of the statutes first applies to violations occurring on the effective date of this paragraph.
(b) Contributing to truancy. The treatment of section 948.45 (1) and (2) of the statutes first applies to acts or omissions occurring on the effective date of this paragraph.
(4) MILWAUKEE CHILD WELFARE PARTNERSHIP COUNCIL. The treatment of section 15.207 (24) (a) 7. and (d) of the statutes first applies to members of the Milwaukee child welfare partnership council who would be appointed for terms beginning after the expiration of the terms of the current members of the council who were nominated by a children's services network established in Milwaukee County under section 49.143 (2) (b), 2007 stats.
SECTION 9408. Effective dates; Children and Families.
(1) MODIFICATIONS TO WISCONSIN WORKS. The treatment of sections 15.207 (24) (a) 7. and (d), 20.437 (2) (dz) (by SECTION 4), 46.215 (1) (j), 46.22 (1) (b) 2. e., 49.143 (2) (a), (am), and (bm), (2m) (intro.) and (f) (intro.), 49.145 (2) (n) 1. (intro.) and a., 2., and 4. (intro.), 49.147 (3) (c), (4) (as), (at), (av), and (b), (5) (b) 1. (intro.), a., c., d., and e., and 2., (bs), and (bt), (5m) (a) (intro.) and 1. and (c), 49.148 (1) (c) and (4) (b), 49.151 (1) (intro.) and (b), 49.1515, 49.153 (1) (a), (b), and (c), 49.155 (1m) (a) 1. and 1m. (intro.), 49.26, 49.32 (6), 49.79 (1) (fm) and (9) (a) 3., 118.15 (5) (b) 1. and 2., 118.16 (2m) (a) 2., 119.82, and 948.45 (1) of the statutes, the repeal of section 49.143 (2) (b) of the statutes, and SECTION 9308 (1), (2), (3), and (4) of this act take effect on October 30, 2009, or on the 30th day beginning after publication, whichever is later.
(End)
LRB-1083LRB-1083/1
PJK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0252 - Disregard independence account assets for MA eligibility
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, an individual who would be eligible for the Medical Assistance (MA) program based on eligibility for supplemental security income (SSI), but who is not eligible for SSI because he or she is employed, may pay premiums for coverage under MA if his or her family's net income is less than 250 percent of the poverty line and his or her assets do not exceed $15,000. This program is known as the "MA purchase plan." When determining the value of the individual's assets for continued eligibility under the MA purchase plan, DHS excludes amounts in a DHS-approved account that consists solely of savings from the individual's employment after the individual's coverage under the MA purchase plan began. These accounts are known as "independence accounts."
Under current law, if an individual who has coverage under MA through the MA purchase plan ceases employment, he or she is no longer eligible for health care coverage under MA through the MA purchase plan and is not eligible for MA unless his or her income and assets meets the income and asset eligibility requirements for MA generally. Currently, for a single person, liquid assets may not exceed $2,000 for MA eligibility. Thus, an individual with an independence account would have to spend down the moneys in the account to be eligible for MA. This bill provides that any moneys in an individual's independence account will be excluded from the calculation of assets when determining the individual's eligibility for MA.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.47 (4) (b) (intro.) of the statutes is amended to read:
49.47 (4) (b) (intro.) Eligibility exists if the applicant's property, subject to the exclusion of any amounts under the Long-Term Care Partnership Program established under s. 49.45 (31) or any amounts in an independence account, as defined in s. 49.472 (1) (c), does not exceed the following:
(End)
LRB-1091LRB-1091/P2
JK:jld:md
2009 - 2010 LEGISLATURE
DOA:......Hynek, BB0253 - First dollar credit distribution
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Property taxation
Under current law, the total amount of the school levy and lottery and gaming property tax credits is distributed to counties. The counties then distribute the amounts that they receive to the municipalities located in the counties. A municipality, however, may receive its share of the school levy and lottery and gaming credits directly from the state if the total amount of such credits due to the municipality is at least $3,000,000 or if the municipality allows the payment of property taxes in three or more installments. Under current law, the total amount of the first dollar property tax credit is distributed to the municipalities. The first dollar credit is applied then to every parcel of real property with improvements located in a municipality.
Under this bill, the amount of the first dollar credit is distributed to counties and the counties distribute the amounts that they receive to the municipalities located in the counties. A municipality, however, may receive its share of the first dollar credit directly from the state if the total amount of that credit plus the school levy and lottery and gaming credits that is due to the municipality is at least $3,000,000 or if the municipality allows the payment of property taxes in three or more installments.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 79.10 (2) (a) of the statutes is amended to read:
79.10 (2) (a) On or before December 1 of the year preceding the distribution under sub. (7m) (a) or (cm), the department of revenue shall notify the clerk of each town, village and city of the estimated fair market value, as determined under sub. (11) (c), to be used to calculate the lottery and gaming credit under sub. (5) and of the amount to be distributed to it under sub. (7m) (a) on the following 4th Monday in July or (cm). The anticipated receipt of such distribution shall not be taken into consideration in determining the tax rate of the municipality but shall be applied as tax credits.
SECTION 2. 79.10 (2) (b) of the statutes is amended to read:
79.10 (2) (b) On or before December 1 of the year preceding the distribution under sub. (7m) (c) or (cm), the department of revenue shall notify the clerk of each town, village, and city of the estimated fair market value, as determined under sub. (11) (d), used to calculate the first dollar credit under sub. (5m) and of the amount to be distributed to it under sub. (7m) (c) on the following 4th Monday in July or (cm). The anticipated receipt of such distribution shall not be taken into consideration in determining the tax rate of the municipality but shall be applied as tax credits.
SECTION 3. 79.10 (7m) (a) 1. of the statutes is amended to read:
79.10 (7m) (a) 1. Except as provided in par. (c) (cm), the amount determined under sub. (4) shall be distributed by the department of administration to the counties on the 4th Monday in July.
SECTION 4. 79.10 (7m) (a) 2. of the statutes is amended to read:
79.10 (7m) (a) 2. Except as provided in par. (c) (cm), the county treasurer shall settle for the amounts distributed under this paragraph on the 4th Monday in July with each municipality and taxing jurisdiction in the county not later than August 20. Failure to settle timely under this subdivision subjects the county treasurer to the penalties under s. 74.31.
SECTION 5. 79.10 (7m) (b) 1. of the statutes is amended to read:
79.10 (7m) (b) 1. Except as provided in par. (c) (cm), the amount determined under sub. (5) with respect to claims filed for which the municipality has furnished notice under sub. (1m) by March 1 shall be distributed from the appropriation under s. 20.835 (3) (q) by the department of administration to the county in which the municipality is located on the 4th Monday in March.
SECTION 6. 79.10 (7m) (b) 2. of the statutes is amended to read:
79.10 (7m) (b) 2. Except as provided in par. (c) (cm), the county treasurer shall settle for the amounts distributed on the 4th Monday in March under this paragraph with each taxation district and each taxing jurisdiction within the taxation district not later than April 15. Failure to settle timely under this subdivision subjects the county treasurer to the penalties under s. 74.31.
SECTION 7. 79.10 (7m) (c) 1. of the statutes is amended to read:
79.10 (7m) (c) 1. The Except as provided in par. (cm), the amount determined under sub. (5m) shall be distributed from the appropriation under s. 20.835 (3) (b) by the department of administration to the counties on the 4th Monday in July.
SECTION 8. 79.10 (7m) (c) 2. of the statutes is amended to read:
