Amendment SA12-AB591

AB591-SA12,15,6 "(2) Review. Upon receipt of a timely petition under sub. (1), the department shall give the applicant or participant reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or participant and to the county clerk. The Wisconsin works agency may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or participant, the county clerk and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if any of the following applies:

AB591-SA12,15,7 (a) The applicant or participant withdraws the petition in writing.

AB591-SA12,15,9 (b) The sole issue in the petition concerns an automatic grant adjustment or change for a class of participants as required by state or federal law.

AB591-SA12,15,12 (c) The applicant or participant abandons the petition. Abandonment occurs if the applicant or participant fails to appear in person or by representative at a scheduled hearing without providing the department with good cause therefor.

AB591-SA12,15,19 (3) Suspension of benefits. If a participant requests a hearing in a timely manner, benefits shall not be suspended, reduced or discontinued until a decision is rendered after the hearing but may be recovered by the department if the contested decision or failure to act is upheld. Until a decision is rendered after the hearing, the manner or form of benefit payment to the participant shall not change to a protective, vendor or 2-party payment. Benefits shall be suspended, reduced or discontinued if any of the following applies:

AB591-SA12,15,21 (a) The participant is contesting a state or federal law or a change in state or federal law and not the participant's benefit computation.

AB591-SA12,15,23 (b) The participant is notified of a change in his or her benefit while the hearing decision is pending but the participant fails to request a hearing on the change.

AB591-SA12,16,3 (4) Notice to participant. The participant shall be promptly informed in writing if benefits are to be suspended, reduced or terminated pending the hearing decision.

AB591-SA12,16,7 (5) Retroactive benefits. If the department reverses a decision of the Wisconsin works agency to deny an application for a Wisconsin works employment position based solely on a determination of financial ineligibility, the petitioner shall receive, retroactive to the date that the Wisconsin".

AB591-SA12,16,8 87. Page 85, line 9: on lines 9 and 14, substitute "80%" for "50%".

AB591-SA12,16,14 88. Page 86, line 12: delete lines 12 and 13 and substitute: "services under this section begins on the first day of the month in which the individual met the eligibility criteria under this subsection, not to exceed 3 months prior to the first day of the month in which application is made. Notwithstanding sub. (4) (d), an individual may not be required to pay a monthly premium for services or benefits received under this section prior to receiving a health plan membership card. The".

AB591-SA12,16,16 89. Page 87, line 11: delete the material beginning with that line and ending with page 88, line 6.

AB591-SA12,16,17 90. Page 89, line 3: delete lines 3 to 4 and substitute:

AB591-SA12,16,20 "2. The individual failed to pay the established premium for the previous month. This subdivision does not apply to a child who has not attained the age of 18 on whose behalf another individual is responsible for paying the premium.".

AB591-SA12,16,21 91. Page 89, line 9: delete ", (L)".

AB591-SA12,16,22 92. Page 89, line 12: delete lines 12 to 18.

AB591-SA12,16,23 93. Page 90, line 4: delete ", (L)".

AB591-SA12,17,1 94. Page 90, line 6: delete lines 6 to 8.

AB591-SA12,17,2 95. Page 90, line 15: after "parent" insert "or kinship care relative".

AB591-SA12,17,3 96. Page 92, line 18: delete lines 18 to 20 and substitute:

AB591-SA12,17,6 "(cm) Notwithstanding sub. (4) (d) 3., a woman who receives benefits and services under this subsection is not liable for a monthly premium for those benefits or services.".

AB591-SA12,17,7 97. Page 93, line 23: delete "the following goods and".

AB591-SA12,17,8 98. Page 93, line 24: delete that line.

AB591-SA12,17,9 99. Page 94, line 1: delete lines 1 to 3.

AB591-SA12,17,10 100. Page 94, line 4: delete "c. Over" and substitute "over".

AB591-SA12,17,11 101. Page 94, line 5: delete lines 5 to 8.

AB591-SA12,17,13 102. Page 96, line 8: after the comma insert: "and except as provided in par. (dm),".

AB591-SA12,17,14 103. Page 96, line 11: on lines 11, 13 and 15, substitute "150%" for "159%".

AB591-SA12,17,15 104. Page 96, line 12: delete "$20" and substitute "$10".

AB591-SA12,17,16 105. Page 96, line 14: delete "$20 plus $3" and substitute "$10 plus $1.50".

AB591-SA12,17,18 106. Page 96, line 15: before the period insert ", except that no individual may be required to pay a monthly premium of more than $75".

AB591-SA12,17,19 107. Page 97, line 3: delete lines 3 to 13 and substitute:

AB591-SA12,18,2 "3. An individual who is required to pay a premium shall pay the premium directly to the Wisconsin works agency or, if the individual and his or her employer agree, the individual's employer may deduct the premium from the individual's payroll and pay the premium to the Wisconsin works agency.".

AB591-SA12,18,3 108. Page 97, line 17: after that line insert:

AB591-SA12,18,5 "(dm) A participant in a Wisconsin works employment position may not be required to pay a premium for benefits and services under this section.".

AB591-SA12,18,6 109. Page 98, line 2: delete "may" and substitute "shall".

AB591-SA12,18,8 110. Page 98, line 5: after "parent" insert "or kinship care relative"; and delete the comma.

AB591-SA12,18,9 111. Page 98, line 6: delete that line.

AB591-SA12,18,10 112. Page 98, line 7: delete "who is under the age of 13,".

AB591-SA12,18,11 113. Page 98, line 9: delete that line.

AB591-SA12,18,12 114. Page 98, line 13: after that line insert:

AB591-SA12,18,13 "3m. Seek unsubsidized employment.".

AB591-SA12,18,14 115. Page 98, line 14: delete lines 14 to 25 and substitute:

AB591-SA12,18,16 "4. Participate in any education or training program that is likely to lead to paid employment, as determined by the department by rule.".

AB591-SA12,18,17 116. Page 99, line 9: delete lines 9 and 10.

AB591-SA12,18,18 117. Page 100, line 12: delete "7.5%" and substitute "0%".

AB591-SA12,18,21 118. Page 100, line 14: delete "95% of the poverty line, 10%" and substitute: "100% of the poverty line, the product of 0.4 times the difference between the individual's income as a percentage of the federal poverty line and 75%".

AB591-SA12,18,22 119. Page 100, line 15: on lines 15 and 17, delete "95%" and substitute "100%".

AB591-SA12,18,23 120. Page 100, line 16: delete "1.2857%" and substitute "1.3846%".

AB591-SA12,19,1 121. Page 101, line 13: delete "75%" and substitute "90%".

AB591-SA12,19,6 122. Page 102, line 13: after the period insert: "Transportation assistance shall be provided to a participant who needs transportation assistance to travel to and from his or her Wisconsin works employment position or to take a child to a child care provider, if the participant needs the child care in order to participate in a Wisconsin works employment position.".

AB591-SA12,19,7 123. Page 102, line 18: after "parents" insert "and kinship care relatives".

AB591-SA12,19,8 124. Page 102, line 20: after "parent" insert "or kinship care relative".

AB591-SA12,19,10 125. Page 103, line 4: on lines 4 and 6, after "parent" insert "or kinship care relative".

AB591-SA12,19,12 126. Page 103, line 17: after "parents" insert "and kinship care relatives"; and after "parent" insert "or kinship care relative".

AB591-SA12,19,13 127. Page 103, line 18: after "parent" insert "or kinship care relative".

AB591-SA12,19,15 128. Page 105, line 8: on lines 8, 9 and 14, after "parent" insert "or kinship care relative".

AB591-SA12,19,16 129. Page 105, line 15: after that line insert:

AB591-SA12,19,17 "(dm) "Kinship care relative" has the meaning given in s. 49.141 (1) (em).".

AB591-SA12,19,18 130. Page 106, line 1: after "parent" insert "or kinship care relative".

AB591-SA12,19,20 131. Page 107, line 21: delete the material beginning with that line and ending with page 108, line 9.

AB591-SA12,19,22 132. Page 111, line 7: on lines 7 and 8, delete "and under s. 49.26 (1) (e) for participants in the learnfare program".

AB591-SA12,19,23 133. Page 111, line 16: delete lines 16 to 25.

AB591-SA12,20,1 134. Page 112, line 1: delete lines 1 to 10.

AB591-SA12,20,2 135. Page 112, line 14: delete lines 14 to 19.

AB591-SA12,20,3 136. Page 112, line 15: delete "for".

AB591-SA12,20,4 137. Page 112, line 16: delete lines 16 to 18 and substitute a plain period.

AB591-SA12,20,6 138. Page 112, line 19: delete "program."; and substitute an underscored period for the plain period.

AB591-SA12,20,7 139. Page 113, line 23: delete that line.

AB591-SA12,20,8 140. Page 114, line 1: delete lines 1 to 3.

AB591-SA12,20,9 141. Page 114, line 17: delete lines 17 to 25.

AB591-SA12,20,11 " Section 110m. 49.193 (2) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-SA12,20,19 49.193 (2) (b) 2. A custodial parent under the age of 24 who has not graduated from a public or private high school or obtained a declaration of equivalency of high school graduation under s. 115.29 (4) and who, at the time of application for aid under s. 49.19, is not enrolled in a public school, as defined in s. 49.26 (1) (a) 2 115.01 (1); a private school, as defined in s. 115.001 (3r); a technical college pursuant to a written agreement under s. 118.15 (1) (c) 3.; or a course of study meeting the standards established by the secretary of education under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

AB591-SA12, s. 110p Section 110p. 49.193 (3m) (c) and (d) of the statutes, as created by 1995 Wisconsin Act 12, are amended to read:

AB591-SA12,21,6 49.193 (3m) (c) The department may require any adult applicant for aid under s. 49.19 to attend one or more orientation sessions offered during the 30-day period beginning on the date that the caretaker relative applies for aid under s. 49.19. Orientation sessions offered under this paragraph shall emphasize self-sufficiency and shall encourage applicants to consider alternatives to aid under s. 49.19. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) (g) to attend an orientation session under this paragraph at a time that would conflict with school attendance.

AB591-SA12,21,13 (d) The department may require any adult applicant for aid under s. 49.19 who is required to participate in the program under this section to participate in job search activities under this paragraph. The department may require participation in not more than 30 days of job search activities under this paragraph. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) (g) to participate in any job search activity under this paragraph at a time that would conflict with school attendance.".

AB591-SA12,21,14 142. Page 114, line 17: delete lines 17 to 25.

AB591-SA12,21,15 143. Page 115, line 1: delete lines 1 to 6 and substitute:

AB591-SA12,21,17 " Section 120b. 49.193 (8) (bm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-SA12,21,23 49.193 (8) (bm) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under this subsection or under s. 49.191 (1) (a) may, with the approval of the department, use those funds to pay or reimburse child care costs under s. 49.191 (1) (b) or (2) or 49.26 (1) (e). The department shall approve or disapprove of this use of funds under criteria established to maximize state and federal funding available for child care.".

AB591-SA12,22,2 144. Page 118, line 1: delete the material beginning with that line and ending on page 120, line 24, and substitute:

AB591-SA12,22,4 " Section 138b. 49.26 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.".

AB591-SA12,22,5 145. Page 118, line 7: after "parent" insert "or kinship care relative".

AB591-SA12,22,6 146. Page 121, line 23: after that line insert:

AB591-SA12,22,8 " Section 147p. 49.27 (4) (g) 1. c. and (5) (c) 5. of the statutes, as affected by 1995 Wisconsin Act 27, are repealed.".

AB591-SA12,22,9 147. Page 137, line 14: after "parents" insert "and kinship care relatives".

AB591-SA12,22,10 148. Page 137, line 17: after that line insert:

AB591-SA12,22,11 "3m. "Kinship care relative" has the meaning given in s. 49.141 (1) (em).".

AB591-SA12,22,13 149. Page 137, line 19: on lines 19 and 20, after "parent" insert "or kinship care relative".