Amendment ASA1-AB100

AB100-ASA1,782,19 2. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.

AB100-ASA1,782,23 3. `Worker's compensation.' A participant under this paragraph is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation.

AB100-ASA1,783,2 (c) Wage-paying community service job. 1. `Definition.' In this paragraph, "employer" means a nonprofit, nonstock corporation organized under ch. 181 with which the Wisconsin works agency contracts under subd. 1m. to provide employment to a participant.

AB100-ASA1,783,6 1g. `Limited scope.' The department shall permit this paragraph to be implemented by 2 Wisconsin works agencies in Milwaukee County that are selected by the department based on requests received by the department from those Wisconsin works agencies.

AB100-ASA1,783,11 1m. `Employment arrangement.' A Wisconsin works agency may contract with a nonprofit, nonstock corporation organized under ch. 181 to provide employment to the participant. The contract shall require the Wisconsin works agency to reimburse the employer for the amounts paid by the employer for the wages and payroll taxes of the participant.

AB100-ASA1,783,14 2. `Eligibility.' A Wisconsin works agency may not place an individual under this paragraph unless the individual is working at least 15 hours per week in an unsubsidized job.

AB100-ASA1,783,17 3. `Work supplementation.' The Wisconsin works agency may require a participant under this paragraph to work not more than the lesser of the following in a community service job under this paragraph:

AB100-ASA1,783,18 a. Fifteen hours per week.

AB100-ASA1,783,20 b. The difference between 40 hours and the number of hours that the participant works in an unsubsidized job.

AB100-ASA1,784,10 4. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 3 months, with an opportunity for a one-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find adequate unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.

AB100-ASA1,784,14 5. `Worker's compensation.' The Wisconsin works agency shall provide the participant with worker's compensation coverage, except to the extent that the employer for whom the participant is performing work provides worker's compensation.

AB100-ASA1,784,15 6. `Sunset.' This paragraph does not apply after September 30, 2001.

AB100-ASA1, s. 1812g Section 1812g. 49.147 (4) (as) of the statutes is amended to read:

AB100-ASA1,784,22 49.147 (4) (as) Required hours. Except as provided in par. pars. (at) and (av), a Wisconsin works agency may require a participant placed in a community service job program to work not more than 30 hours per week in a community service job. 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.

AB100-ASA1, s. 1812h Section 1812h. 49.147 (4) (av) of the statutes is created to read:

AB100-ASA1,785,6 49.147 (4) (av) Education for 18-year-old and 19-year-old students. A Wisconsin works agency shall permit a participant under this subsection who has not obtained 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 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 in a community service job under par. (as).

AB100-ASA1, s. 1812j Section 1812j. 49.147 (5) (bm) of the statutes is amended to read:

AB100-ASA1,785,19 49.147 (5) (bm) Education or training activities. A Except as provided in par. (bw), a participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include 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, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.

AB100-ASA1, s. 1812k Section 1812k. 49.147 (5) (bs) of the statutes is amended to read:

AB100-ASA1,786,2 49.147 (5) (bs) Required hours. Except as provided in par. pars. (bt) and (bw), a Wisconsin 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. 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.

AB100-ASA1, s. 1812p Section 1812p. 49.147 (5) (bt) of the statutes is amended to read:

AB100-ASA1,786,10 49.147 (5) (bt) Motivational training. A Except as provided in par. (bw), a Wisconsin 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 agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (bs).

AB100-ASA1, s. 1812t Section 1812t. 49.147 (5) (bw) of the statutes is created to read:

AB100-ASA1,786,15 49.147 (5) (bw) Certain single parents of disabled children. A participant may not be required to participate in education and training activities under par. (bm), the work requirement under par. (bs) or motivational training under par. (bt) if all of the following conditions are met:

AB100-ASA1,786,16 1. The participant is a single parent of a disabled child.

AB100-ASA1,786,18 2. The Wisconsin works agency determines that the participant is needed in the home for at least 40 hours per week to provide care for the disabled child.

AB100-ASA1, s. 1812u Section 1812u. 49.147 (5) (c) of the statutes is amended to read:

AB100-ASA1,786,23 49.147 (5) (c) Worker's compensation. A participant under this subsection who is not exempt under par. (bw) is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.

AB100-ASA1, s. 1444 Section 1444. 49.147 (6) (c) of the statutes is amended to read:

AB100-ASA1,787,4 49.147 (6) (c) Distribution and administration. From the appropriation appropriations under s. 20.445 (3) (e), (jL) and (md), the department shall distribute funds for job access loans to a Wisconsin works agency, which shall administer the loans in accordance with rules promulgated by the department.

AB100-ASA1, s. 1445 Section 1445. 49.147 (6) (d) 2. of the statutes is amended to read:

AB100-ASA1,787,9 49.147 (6) (d) 2. The individual has graduated from high school or has met the standards established by the secretary of education state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4).

AB100-ASA1, s. 1446 Section 1446. 49.148 (1) (b) of the statutes is amended to read:

AB100-ASA1,787,22 49.148 (1) (b) Community service jobs. For a participant in a community service job, a monthly grant of $555 $673, paid by the Wisconsin works agency or by the department under sub. (2). For every hour that the participant misses work or education or training activities without good cause, the Wisconsin works agency shall reduce the grant amount shall be reduced by $4.25 $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. If a participant in a community service job is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (a), 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, s. 1815c Section 1815c. 49.148 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.148 (1) (b) 1. and amended to read:

AB100-ASA1,788,7 49.148 (1) (b) 1. For a participant in a community service job under s. 49.147 (4) (b), a monthly grant of $673, paid by the Wisconsin works agency or by the department under sub. (2). For every hour that the participant misses work or education or training activities without good cause, 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.

AB100-ASA1, s. 1815d Section 1815d. 49.148 (1) (b) 2. of the statutes is created to read:

AB100-ASA1,788,12 49.148 (1) (b) 2. For a participant in a community service job under s. 49.147 (4) (c), minimum wage for every hour actually worked in the community service job, not to exceed 15 hours per week, paid by the employer, as defined in s. 49.147 (4) (c) 1.

AB100-ASA1, s. 1447 Section 1447. 49.148 (1) (c) of the statutes is amended to read:

AB100-ASA1,788,21 49.148 (1) (c) Transitional placements. For a participant in a transitional placement, a grant of $518 $628, paid monthly by the Wisconsin works agency or by the department under sub. (2). 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., the Wisconsin works agency shall reduce the grant amount shall be reduced by $4.25 $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.

AB100-ASA1, s. 1448 Section 1448. 49.148 (1m) (a) of the statutes is amended to read:

AB100-ASA1,789,9 49.148 (1m) (a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $555 $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (a). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.

AB100-ASA1, s. 1817b Section 1817b. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,789,23 49.148 (1m) (a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (a). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) 2. or (c) 4. or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.

AB100-ASA1, s. 1817c Section 1817c. 49.148 (1m) (b) of the statutes is amended to read:

AB100-ASA1,790,10 49.148 (1m) (b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) 2. or (c) 4. or (5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position unless the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.

AB100-ASA1, s. 1449 Section 1449. 49.148 (3) of the statutes is amended to read:

AB100-ASA1,790,16 49.148 (3) Wisconsin works health plan. A If a waiver under s. 49.153 (1m) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, a participant in a Wisconsin works employment position shall participate in the Wisconsin works health plan under s. 49.153. The participant and shall pay a premium in an amount and in the manner established under s. 49.153 (4) (d).

AB100-ASA1, s. 1450 Section 1450. 49.148 (4) of the statutes is created to read:

AB100-ASA1,791,5 49.148 (4) Drug testing. (a) A Wisconsin works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works agency shall decrease the pre-sanction benefit amount for that participant by not more than 15% for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works agency shall discontinue the reduction under this subsection.

AB100-ASA1,791,9 (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) or (5) (bs).

AB100-ASA1,791,12 (c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position.

AB100-ASA1, s. 1451 Section 1451. 49.152 (1) of the statutes is amended to read:

AB100-ASA1,791,22 49.152 (1) Petition for review. Any individual whose application for any component of Wisconsin works under s. 49.147 (1) to (5) 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, 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.

AB100-ASA1, s. 1452 Section 1452. 49.152 (2) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,792,5 49.152 (2) (a) (intro.) Upon a timely petition under sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

AB100-ASA1, s. 1453 Section 1453. 49.152 (2) (b) 1. of the statutes is amended to read:

AB100-ASA1,792,9 49.152 (2) (b) 1. Within 15 14 days of receiving after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.

AB100-ASA1, s. 1454 Section 1454. 49.152 (2) (c) 1. of the statutes is amended to read:

AB100-ASA1,792,13 49.152 (2) (c) 1. Within 15 14 days after receiving the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant petitions the department for a review of the decision.

AB100-ASA1, s. 1455 Section 1455. 49.152 (3) of the statutes is created to read:

AB100-ASA1,792,24 49.152 (3) Remedies. (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, 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.

AB100-ASA1,793,6 (b) If, following review under sub. (2), the Wisconsin works agency or the department determines that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department retroactive to the date on which the benefit was first improperly modified or canceled or incorrectly calculated.

AB100-ASA1, s. 1456 Section 1456. 49.153 (1m) of the statutes is created to read:

AB100-ASA1,793,19 49.153 (1m) Waiver. (a) If necessary, the department of health and family services shall request a waiver from the secretary of the federal department of health and human services or shall seek the passage of federal legislation to permit the application of this section as part of the medical assistance program under 42 USC 1396 to 1396u. If a waiver is granted or federal legislation is enacted, the department of health and family services shall publish a notice in the Wisconsin Administrative Register indicating the date on which this section will first be implemented. If a waiver is granted and in effect or federal legislation is enacted, the department of health and family services, in consultation with the department of workforce development, shall implement this section beginning no later than the first day of the 3rd month beginning after the waiver is granted or the federal legislation is enacted.

AB100-ASA1,793,24 (b) Notwithstanding subch. IV, if a waiver under par. (a) is granted and in effect or federal legislation is enacted, beginning on the date stated in the notice under par. (a), the department of health and family services may terminate the eligibility for medical assistance under subch. IV of persons who are eligible to participate in the health plan under this section.

AB100-ASA1, s. 1457 Section 1457. 49.153 (3g) (a) 1. of the statutes is amended to read:

AB100-ASA1,794,2 49.153 (3g) (a) 1. The individual meets the criteria under s. 49.145 (2) (c), (f), (g), (i), (L) and, (m) and (s) and resides in this state.

AB100-ASA1, s. 1458 Section 1458. 49.153 (4) (b) 1u. of the statutes is created to read:

AB100-ASA1,794,7 49.153 (4) (b) 1u. The Wisconsin works health plan may cover an over-the-counter drug if the department of health and family services determines that the over-the-counter drug is more cost-effective than the prescription drug equivalent.

AB100-ASA1, s. 1459 Section 1459. 49.153 (4) (b) 2. c. of the statutes is amended to read:

AB100-ASA1,794,10 49.153 (4) (b) 2. c. Over-the-counter Except as provided in subd. 1u., over-the-counter drugs.

AB100-ASA1, s. 1460 Section 1460. 49.153 (4) (c) of the statutes is amended to read:

AB100-ASA1,794,16 49.153 (4) (c) Distribution of payments. From the appropriations under s. 20.435 (1) (5) (b) and (o), the department of health and family services shall make payments to a health maintenance organization or other health care provider with which the department of health and family services has contracted under par. (a) in accordance with a payment schedule established by contract.

AB100-ASA1, s. 1837d Section 1837d. 49.153 (4) (d) 3. b. of the statutes is amended to read:

AB100-ASA1,794,20 49.153 (4) (d) 3. b. For a participant in a grant-paying community service job or transitional placement, the Wisconsin works agency shall deduct the premium from the participant's monthly grant amount under s. 49.148 (1) (b) 1. or (c).

AB100-ASA1, s. 1461 Section 1461. 49.155 (1) (a) of the statutes is renumbered 49.155 (1) (am).

AB100-ASA1, s. 1462 Section 1462. 49.155 (1) (c) of the statutes is created to read:

AB100-ASA1,794,25 49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

AB100-ASA1, s. 1463 Section 1463. 49.155 (1d) of the statutes is created to read:

AB100-ASA1,795,12 49.155 (1d) Child care certification rules. (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification as a Level I certified family day care provider, the department shall permit a Level I certified family day care provider to provide care for no more than 6 children under the age of 7 who are unrelated to the provider, subject to a maximum limitation of 6 children of any age, including children who are related to the provider, but not including children 7 years of age or over who are the natural, adopted or foster children of the provider. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a requirement for training for providers.

AB100-ASA1,795,21 (b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.

AB100-ASA1, s. 1464 Section 1464. 49.155 (1g) (title) of the statutes is created to read:

AB100-ASA1,795,23 49.155 (1g) (title) Distribution of funds.

AB100-ASA1, s. 1465 Section 1465. 49.155 (1j) (title) of the statutes is created to read:

AB100-ASA1,795,25 49.155 (1j) (title) Unanticipated federal funds.

AB100-ASA1, s. 1466 Section 1466. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,796,5 49.155 (1m) (a) (intro.) The individual is a custodial parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:

AB100-ASA1, s. 1467 Section 1467. 49.155 (1m) (a) 1m. of the statutes is created to read: