20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit or deposit into to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (7) (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.
SECTION 4. 20.437 (2) (dz) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.
****NOTE: This is reconciled s. 20.437 (2) (dz). This SECTION has been affected by drafts with the following LRB numbers: LRB-0247/1 and LRB-1059/1.
SECTION 5. 46.215 (1) (j) of the statutes is repealed.
SECTION 6. 46.22 (1) (b) 2. e. of the statutes is repealed.
SECTION 7. 49.143 (2) (a) of the statutes is repealed.
SECTION 8. 49.143 (2) (am) of the statutes is created to read:
49.143 (2) (am) Provide information and services aimed at connecting Wisconsin Works applicants and participants with their communities and the resources available, including job creation, employer and job connections, mentorships, child care services and providers, the local workforce investment board, charitable food and clothing centers, subsidized and low-income housing, and transportation subsidies. The contract shall include a description of the information and services the Wisconsin Works agency will provide in fulfillment of the requirement under this paragraph and how the the information and services will be provided to applicants and participants.
SECTION 9. 49.143 (2) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 49.143 (2) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0394 and LRB-1059.
SECTION 10. 49.143 (2) (bm) of the statutes is created to read:
49.143 (2) (bm) Provide information and services aimed at connecting youth and their parents with schools, career development services, and workforce development programs, including the Youth Apprenticeship Program under s. 106.13 and the Wisconsin Covenant Scholars Program under s. 39.437. The contract shall include a description of the information and services the Wisconsin Works agency will provide in fulfillment of the requirement under this paragraph and how the information and services will be provided to applicants and participants.
SECTION 11. 49.143 (2m) (intro.) of the statutes is amended to read:
49.143 (2m) NUTRITION OUTREACH. (intro.) A Wisconsin works Works agency may establish a nutrition outreach program with the community steering committee established under sub. (2) (a). The Wisconsin works agency and community steering committee and may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works Works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:
SECTION 12. 49.143 (2m) (f) (intro.) of the statutes is amended to read:
49.143 (2m) (f) (intro.) Establish a subcommittee of the community steering committee that includes qualified aliens and that may do any of the following:
SECTION 13. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:
49.145 (2) (n) 1. (intro.) Except as provided in subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin works Works group has participated in, or has received benefits under, received assistance under any of the following or any combination of the following does not exceed 60 months the federal time limit established under 42 USC 608 (a) (7), whether or not consecutive:
SECTION 14. 49.145 (2) (n) 1. a. of the statutes is amended to read:
49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program counts toward the 60-month time limit.
SECTION 15. 49.145 (2) (n) 2. of the statutes is repealed.
SECTION 16. 49.145 (2) (n) 4. (intro.) of the statutes is amended to read:
49.145 (2) (n) 4. (intro.) In calculating the number of months under subds. subd. 1. and 2., a Wisconsin works Works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works Works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:
SECTION 17. 49.147 (3) (c) of the statutes is repealed.
SECTION 18. 49.147 (4) (as) of the statutes is amended to read:
49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin works Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works Works agency to be appropriate for the participant at the time of application or review, but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.
SECTION 19. 49.147 (4) (at) of the statutes is amended to read:
49.147 (4) (at) Motivational training. A Wisconsin works Works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works Works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (as).
SECTION 20. 49.147 (4) (av) of the statutes is amended to read:
49.147 (4) (av) Education for 18-year-old and 19-year-old students. A Wisconsin works Works agency shall permit a participant under this subsection who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or, at the option of the participant, to enroll in 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 to satisfy, in whole or in part, the required hours of participation requirement under par. (as).
SECTION 21. 49.147 (4) (b) of the statutes is repealed.
SECTION 22. 49.147 (5) (b) 1. (intro.) of the statutes is renumbered 49.147 (5) (b) (intro.).
SECTION 23. 49.147 (5) (b) 1. a. of the statutes is renumbered 49.147 (5) (b) 1m.
SECTION 24. 49.147 (5) (b) 1. c. of the statutes is renumbered 49.147 (5) (b) 2m.
SECTION 25. 49.147 (5) (b) 1. d. of the statutes is renumbered 49.147 (5) (b) 3.
SECTION 26. 49.147 (5) (b) 1. e. of the statutes is renumbered 49.147 (5) (b) 4.
SECTION 27. 49.147 (5) (b) 2. of the statutes is repealed.
SECTION 28. 49.147 (5) (bs) of the statutes is amended to read:
49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works Works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. Except as provided in sub. (5m), a Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week. The Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.
SECTION 29. 49.147 (5) (bt) of the statutes is amended to read:
49.147 (5) (bt) Motivational training. A Wisconsin works Works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works Works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (bs).
SECTION 30. 49.147 (5m) (a) (intro.) of the statutes is amended to read:
49.147 (5m) (a) (intro.) To the extent permitted under 42 USC 607, and except as provided in par. (bL), a participant under sub. (4) (b) or (5) may participate in a technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:
SECTION 31. 49.147 (5m) (a) 1. of the statutes is amended to read:
49.147 (5m) (a) 1. The Wisconsin works Works agency, in consultation with the community steering committee established under s. 49.143 (2) (a) and the technical college district board, determines that the technical college education program is likely to lead to employment.
SECTION 32. 49.147 (5m) (c) of the statutes is amended to read:
49.147 (5m) (c) The Wisconsin works Works agency shall work with the community steering committee established under s. 49.143 (2) (a) and the technical college district board to monitor the participant's progress in the technical college education program and the effectiveness of the program in leading to employment.
SECTION 33. 49.148 (1) (c) of the statutes is amended to read:
49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a grant of $628, paid monthly by the Wisconsin works Works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1. a. to e. 1m. to 4., the grant amount shall be reduced by $5.15. 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 abuse.
SECTION 34. 49.148 (4) (b) of the statutes is amended to read:
49.148 (4) (b) The Wisconsin works Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (as) (a) and (am) or (5) (bs) (b) and (bm).
SECTION 35. 49.151 (1) (intro.) of the statutes is amended to read:
49.151 (1) REFUSAL TO PARTICIPATE. (intro.) A participant who refuses to participate 3 times, as determined under guidelines promulgated under s. 49.1515, in any Wisconsin works Works employment position component is ineligible to participate in that component the Wisconsin Works program for 3 months. A participant is also ineligible to participate in that the Wisconsin works employment position component Works program if an individual in the participant's Wisconsin works 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 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:
SECTION 36. 49.151 (1) (b) of the statutes is amended to read:
49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin works Works group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e. 1m. to 4., without good cause, as determined by the Wisconsin works Works agency.
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:
