AB446: Bill Text

AB446,8,8 49.148 (4) (b) The Wisconsin 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).

AB446, s. 22 Section 22. 49.151 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB446,8,17 49.151 (1) (b) 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), fails, without good cause, as determined by the Wisconsin Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to d. 1c. to 4c., without good cause, as determined by the Wisconsin Works agency.

AB446, s. 23 Section 23. 49.1515 (title) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB446,8,20 49.1515 (title) Determining nonparticipation without good cause.

AB446, s. 24 Section 24. 49.1515 (2c) of the statutes is created to read:

AB446,8,24 49.1515 (2c) 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:

AB446,9,3 (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.

AB446,9,5 (b) Ensure that the services offered to the participant or individual are appropriate for him or her.

AB446,9,6 (c) Determine whether good cause exists for the failure to participate.

AB446, s. 25 Section 25. 49.1515 (3c) of the statutes is created to read:

AB446,9,14 49.1515 (3c) 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. (2c), 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.

AB446,9,16 (b) The department shall by rule establish the length of time for a conciliation period.

AB446, s. 26 Section 26. 49.152 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB446,9,25 49.152 (1) Petition for review. Any individual whose application for any component of Wisconsin Works is not acted upon by the Wisconsin Works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly , or that the employment position in which the individual was placed is inappropriate, or that providing case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position is inappropriate, may petition the Wisconsin Works agency for a review of such action. Review is unavailable if the action by the Wisconsin Works agency occurred more than 45 days prior to submission of the petition for review.

AB446, s. 27 Section 27. 49.152 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB446,10,18 49.152 (3) (a) If, following review under sub. (2), the Wisconsin Works agency or the department determines that an individual whose application for a Wisconsin Works employment position was denied based on eligibility was in fact eligible, or that the individual was placed in an inappropriate Wisconsin Works employment position or inappropriately provided case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position, the Wisconsin Works agency shall place the individual in the first available Wisconsin Works employment position that is appropriate for that individual, as determined by the Wisconsin Works agency or the department. An individual who is placed in a Wisconsin Works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

AB446, s. 28 Section 28. 49.153 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.153 (1) (bc) and amended to read:

AB446,10,23 49.153 (1) (bc) Provide After providing the explanation under par. (ac), provide to the participant written notice of the proposed action and of the reasons for the proposed action.

AB446, s. 29 Section 29. 49.153 (1) (ac) of the statutes is created to read:

AB446,11,3 49.153 (1) (ac) 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.

AB446, s. 30 Section 30. 49.153 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB446,11,10 49.153 (1) (c) After providing the explanation or the attempts to provide an explanation under par. (ac) and the notice under par. (a), (bc), if the participant has not already been afforded a conciliation period under s. 49.1515 (3c) allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

AB446, s. 31 Section 31. 49.153 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB446,11,16 49.153 (2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) (a) and that define "reasonable attempts" for the purpose of sub. (1) (ac) and "reasonable time" for the purpose of sub. (1) (c).

AB446, s. 32 Section 32. 49.155 (3m) (d) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.155 (3m) (dc) and amended to read:

AB446,11,22 49.155 (3m) (dc) No funds distributed under par. (a) may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.

AB446, s. 33 Section 33. 49.155 (3m) (d) 2. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 34 Section 34. 49.155 (3m) (d) 3. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 35 Section 35. 49.155 (3m) (d) 4. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 36 Section 36. 49.155 (4) (title) of the statutes is renumbered 49.155 (4c) (title).

AB446, s. 37 Section 37. 49.155 (4) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.155 (4c).

AB446, s. 38 Section 38. 49.155 (4) (b) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 39 Section 39. 49.155 (6) (e) 1. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 40 Section 40. 49.155 (6) (e) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.155 (6) (dm) and amended to read:

AB446,12,16 49.155 (6) (dm) Except as provided in subd. 3., the The department may not increase the maximum reimbursement rates for child care providers before June 30, 2013.

AB446, s. 41 Section 41. 49.155 (6) (e) 3. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 42 Section 42. 49.155 (6) (e) 4. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 43 Section 43. 49.155 (6) (e) 5. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 44 Section 44. 49.155 (6d) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB446, s. 45 Section 45. 49.159 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB446,13,7 49.159 (3) Other custodial parents. A custodial parent in a Wisconsin Works group in which the other custodial parent is a participant in a Wisconsin Works employment position or is receiving case management services under s. 49.147 (2) (am) is eligible for employment training and job search assistance services provided by the Wisconsin Works agency.

AB446, s. 46 Section 46. Initial applicability.

AB446,13,15 (1) Miscellaneous Wisconsin Works participation changes. The treatment of sections 49.147 (2) (a) 1. and 2., (am), and (b), (3) (c), (4) (as) and (b), and (5) (b) 1. (intro.), a., b., c., and d. and 2. and (bs), 49.148 (1) (b) 1., 1m. d., and 3. and (c), (1m) (a) 1. and (c) (intro.), and (4) (b), 49.151 (1) (b), 49.1515 (title), (2c), and (3c), 49.152 (1) and (3) (a), 49.153 (1) (a), (ac), and (c) and (2), and 49.159 (3) of the statutes first applies to individuals participating in Wisconsin Works on the effective date of this subsection.

AB446,13,19 (2) Child care subsidy for parent who is child care provider. The treatment of section 49.155 (3m) (d) 1., 2., 3., and 4. of the statutes first applies to child care services provided to a child under Wisconsin Shares on the effective date of this subsection.

AB446, s. 47 Section 47. Effective date.

AB446,13,22 (1) This act takes effect on January 1, 2012, or on the day after publication, whichever is later.

AB446,13,23 (End)