Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,148,8 680. Page 787, line 7: after the period insert "If a participant in a community service job under s. 49.147 (4) (b) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), 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-AA8,148,9 681. Page 787, line 15: delete "$518 $628" and substitute "$518".

AB100-ASA1-AA8,148,10 682. Page 787, line 19: delete "$4.25 $5.15" and substitute "$4.25".

AB100-ASA1-AA8,148,11 683. Page 787, line 25: delete "$555 $673" and substitute "$555".

AB100-ASA1-AA8,148,12 684. Page 788, line 3: delete "(a)" and substitute " (c)".

AB100-ASA1-AA8,148,13 685. Page 788, line 14: delete "$673" and substitute "$555".

AB100-ASA1-AA8,148,14 686. Page 788, line 17: delete "(a)" and substitute "(c)".

AB100-ASA1-AA8,148,15 687. Page 789, line 11: delete lines 11 to 16 and substitute:

AB100-ASA1-AA8,148,16 " Section 1819b. 49.148 (3) of the statutes is repealed.".

AB100-ASA1-AA8,148,23 688. Page 790, line 1: delete lines 1 to 5 and substitute "job or transitional placement, if less than 12 months. The Wisconsin works agency may require the participant to submit to a test for the use of a controlled substance not more than every 3 months. If, at the end of 12 months, the result of each test is negative and the individual is still a participant in a community service job or transitional placement, the Wisconsin works agency shall discontinue the reduction under this subsection.".

AB100-ASA1-AA8,149,1 689. Page 790, line 12: after that line insert:

AB100-ASA1-AA8,149,2 " Section 1820c. 49.15 of the statutes is created to read:

AB100-ASA1-AA8,149,5 49.15 Wisconsin works; 2-parent families. (1) Definition. In this section, "other parent" means a parent who is not a participant in a Wisconsin works employment position.

AB100-ASA1-AA8,149,16 (2) Requirements for nonparticipant parent. (a) If a participant in a Wisconsin works employment position resides with the other parent of a dependent child with respect to whom the participant is a custodial parent, the other parent shall participate in activities described under sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child. The other parent shall participate in activities described under sub. (3) for a number of hours per week that is at least equal to the difference between 55 hours and the sum of the number of hours that the participant in the Wisconsin works employment position participates in the Wisconsin works employment position and the number of hours that the participant in the Wisconsin works employment position participates in any activity described in sub. (3) during that week.

AB100-ASA1-AA8,149,19 (b) Paragraph (a) does not apply if the other parent is disabled, as defined by the department, or is caring for a severely disabled child, as defined by the department.

AB100-ASA1-AA8,149,22 (3) Prescribed work activities. An individual who is subject to the work requirement under sub. (2) may satisfy the requirement only by participating in any of the following activities:

AB100-ASA1-AA8,149,23 (a) Unsubsidized employment, as defined in s. 49.147 (1) (a).

AB100-ASA1-AA8,149,24 (b) Subsidized employment, as defined by the department.

AB100-ASA1-AA8,150,2 (c) If sufficient private sector employment is not available, work experience, as defined by the department.

AB100-ASA1-AA8,150,3 (d) On-the-job training, as defined by the department.

AB100-ASA1-AA8,150,4 (e) A community service program, as defined by the department.

AB100-ASA1-AA8,150,17 (4) Grant. An individual who satisfies the requirement under sub. (2) by participating in any of the activities under sub. (3) (b) to (e) shall receive a monthly grant of $555, paid by the Wisconsin works agency. For every hour that the individual fails to participate for the required hours under sub. (2) without good cause and for every hour that the individual participates in an activity under sub. (3) (a) to satisfy the requirement under sub. (2), the grant amount shall be reduced by $4.25. 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 violence. If the individual is required under sub. (2) to work fewer than 30 hours per week, the grant amount shall be reduced by an amount equal to the product of $4.25 and the difference between 30 and the number of hours that the individual is required to participate under sub. (2).

AB100-ASA1-AA8, s. 1820d Section 1820d. 49.151 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,151,6 49.151 (1) Refusal to participate. (intro.) A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant is also ineligible to participate in that Wisconsin works employment position component if an individual in the participant's Wisconsin 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 refuses to participate in a Wisconsin works employment position component if the participant does 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:

AB100-ASA1-AA8, s. 1820e Section 1820e. 49.151 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,151,11 49.151 (1) (a) Expresses 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), expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.

AB100-ASA1-AA8, s. 1820f Section 1820f. 49.151 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,151,19 49.151 (1) (b) Fails 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 e., without good cause, as determined by the Wisconsin works agency.

AB100-ASA1-AA8, s. 1820g Section 1820g. 49.151 (1) (c) of the statutes is amended to read:

AB100-ASA1-AA8,151,24 49.151 (1) (c) Voluntarily 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), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.

AB100-ASA1-AA8, s. 1820h Section 1820h. 49.151 (1) (d) of the statutes is amended to read:

AB100-ASA1-AA8,152,3 49.151 (1) (d) Loses 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), loses employment as a result of being discharged for cause.

AB100-ASA1-AA8, s. 1820j Section 1820j. 49.151 (1) (e) of the statutes is amended to read:

AB100-ASA1-AA8,152,9 49.151 (1) (e) Demonstrates 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), demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.".

AB100-ASA1-AA8,152,10 690. Page 791, line 7: on lines 7 and 11, delete "14" and substitute "21".

AB100-ASA1-AA8,152,11 691. Page 791, line 13: after that line insert:

AB100-ASA1-AA8,152,12 " Section 1831g. 49.152 (2) (d) of the statutes is created to read:

AB100-ASA1-AA8,153,2 49.152 (2) (d) If the department reviews a decision under par. (b) and upon receipt of a petition or request under par. (c) the department shall give the applicant or participant reasonable notice and opportunity for a fair hearing and shall permit the applicant or participant to present evidence and testimony and to be represented by counsel at the hearing and to have access to records in preparation for the hearing. The department may make any additional investigation that it considers necessary. Notice of the hearing shall be given to the applicant or participant and, if appropriate, 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, if appropriate, 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 the applicant or participant does any of the following:

AB100-ASA1-AA8,153,3 a. Withdraws the petition in writing.

AB100-ASA1-AA8,153,6 b. Abandons the petition. Abandonment occurs if the applicant or participant fails to appear in person or by representative at a scheduled hearing without good cause as defined by the department by rule.".

AB100-ASA1-AA8,153,8 692. Page 792, line 7: delete the material beginning with that line and ending with page 793, line 20, and substitute:

AB100-ASA1-AA8,153,10 " Section 1833c. 49.153 of the statutes, as affected by 1997 Wisconsin Act 3, is repealed.".

AB100-ASA1-AA8,153,11 693. Page 794, line 4: delete that line and substitute "under s. 48.651.".

AB100-ASA1-AA8,153,12 694. Page 794, line 5: delete lines 5 to 9.

AB100-ASA1-AA8,153,13 695. Page 794, line 10: delete "provider.".

AB100-ASA1-AA8,153,14 696. Page 797, line 23: after that line insert:

AB100-ASA1-AA8,153,15 " Section 1850m. 49.155 (1m) (c) 1m. of the statutes is created to read:

AB100-ASA1-AA8,153,22 49.155 (1m) (c) 1m. The individual was eligible under s. 49.132 (4) (a) for aid under s. 49.132 and received aid under s. 49.132 on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6), and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family.".

AB100-ASA1-AA8,153,23 697. Page 800, line 15: after that line insert:

AB100-ASA1-AA8,153,24 " Section 1857f. 49.159 (2) of the statutes is amended to read:

AB100-ASA1-AA8,154,8 49.159 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs.".

AB100-ASA1-AA8,154,9 698. Page 802, line 14: delete lines 14 to 16 and substitute:

AB100-ASA1-AA8,154,20 "(b) Subsidized employment. For payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000 in fiscal year 1998-99. Amounts allocated under this paragraph shall include $20,000,000 in each fiscal year for the purposes set forth under s. 49.143 (2) (ep). The department shall establish by rule a method to determine the amount that each Wisconsin works agency must allocate for the activities specified in s. 49.143 (2) (ep). Any moneys that are allocated by a Wisconsin works agency for the activities specified in s. 49.143 (2) (ep) but are not spent by the end of the period specified in the contract between the department and the Wisconsin works agency shall be returned to the department, which shall add the moneys to the allocation under par. (c).

AB100-ASA1-AA8,154,23 (bg) Long-term and refugee supplement. For payments to Wisconsin works agencies as a supplement for long-term and refugee cases, $8,200,000 in fiscal year 1997-98 and $9,800,000 in fiscal year 1998-99.

AB100-ASA1-AA8,155,3 (bm) Wisconsin works agency office costs. For payments to Wisconsin works agencies for office costs, $104,117,000 in fiscal year 1997-98 and $115,293,800 in fiscal year 1998-99.".

AB100-ASA1-AA8,155,4 699. Page 802, line 16: after that line insert:

AB100-ASA1-AA8,155,6 "(br) Payments for 2-parent families. For payments under s. 49.15 (4), $735,000 in fiscal year 1997-98 and $1,100,000 in fiscal year 1998-99.".

AB100-ASA1-AA8,155,7 700. Page 804, line 3: delete lines 3 to 5 and substitute:

AB100-ASA1-AA8,155,10 "(q) Education, training and support services. In counties having a population of 500,000 or more, for the purposes set forth under s. 49.143 (2) (ep), $11,000,000 in fiscal year 1997-98 and $10,000,000 in fiscal year 1998-99.".

AB100-ASA1-AA8,155,11 701. Page 804, line 20: delete that line and substitute:

AB100-ASA1-AA8,155,13 "(v) Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee,".

AB100-ASA1-AA8,155,15 702. Page 804, line 22: delete that line and substitute "paragraph if the passports for youth program does not comply with P.L. 104-193, section 103.".

AB100-ASA1-AA8,155,16 703. Page 806, line 9: delete lines 9 to 12 and substitute:

AB100-ASA1-AA8,155,19 "49.175 (1) (b) 1. For Except as provided in subd. 2. for payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $155,678,000 in fiscal year 1998-99.".

AB100-ASA1-AA8,155,22 704. Page 806, line 24: after "(d)" insert ", or on the first day of the first month beginning after the effective date of this subsection .... [revisor inserts date], whichever is later".

AB100-ASA1-AA8,155,23 705. Page 806, line 25: delete that line.

AB100-ASA1-AA8,156,1 706. Page 807, line 1: delete lines 1 to 14.

AB100-ASA1-AA8,156,2 707. Page 808, line 6: after that line insert:

AB100-ASA1-AA8,156,3 " Section 1861d. 49.19 (11s) (d) of the statutes is amended to read:

AB100-ASA1-AA8,156,7 49.19 (11s) (d) From the appropriation under s. 20.435 (4) 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).".

AB100-ASA1-AA8,156,8 708. Page 809, line 15: after that line insert:

AB100-ASA1-AA8,156,9 " Section 1866v. 49.195 (1) of the statutes is amended to read:

AB100-ASA1-AA8,157,15 49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.148, 49.153, 49.155 or 49.157 or at any time thereafter acquires property by gift, inheritance, sale of assets, court judgment or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works agency granting such a benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the benefit which does not exceed the amount of the property so acquired. The value of the aid or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work experience component under s. 49.193 (6). During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where the aid or benefit recipient is deceased a claim may be filed against any property in his or her estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse or child is dependent on the property for support, and the court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records of aid or benefits paid kept by the county, by the department or by the Wisconsin works agency are prima facie evidence of the value of the aid or benefits furnished. Liability under this section shall extend to any parent or stepparent whose family receives aid under s. 49.19 or benefits under s. 49.148, 49.155 or 49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.

AB100-ASA1-AA8, s. 1866x Section 1866x. 49.195 (3) of the statutes is amended to read:

AB100-ASA1-AA8,157,20 49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.153, 49.155 or 49.157 and shall promulgate rules establishing policies and procedures to administer this subsection.".

AB100-ASA1-AA8,157,21 709. Page 811, line 16: after that line insert:

AB100-ASA1-AA8,157,22 " Section 1878p. 49.22 (6) of the statutes is amended to read:

AB100-ASA1-AA8,158,6 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.".

AB100-ASA1-AA8,158,7 710. Page 812, line 18: after that line insert:

AB100-ASA1-AA8,158,8 " Section 1882m. 49.24 of the statutes is created to read:

AB100-ASA1-AA8,158,13 49.24 Child support incentive payments. (1) From the appropriation under s. 20.445 (3) (g), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.

AB100-ASA1-AA8,158,17 (2) The department shall distribute the payments under sub. (1) in accordance with a formula developed by the department in consultation with representatives of counties. The total of payments made to counties under sub. (1) and in federal child support incentive payments may not exceed $10,500,000 in a state fiscal year.

AB100-ASA1-AA8,158,19 (3) A county that receives payment under sub. (1) may use the funds only to pay costs under its child support program under s. 49.22.

AB100-ASA1-AA8, s. 1882n Section 1882n. 49.24 (1) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA8,159,2 49.24 (1) From the appropriation under s. 20.445 (3) (g) (k), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.".

AB100-ASA1-AA8,159,3 711. Page 812, line 18: after that line insert:

AB100-ASA1-AA8,159,4 " Section 1883m. 49.25 (7) (a) of the statutes is amended to read:

AB100-ASA1-AA8,159,11 49.25 (7) (a) The department shall contract with the county department under s. 46.215, 46.22 or 46.23 to provide education on parenting, human growth and development, family planning, as defined in s. 253.07 (1) (a), and independent living skills and to provide employment-related training to persons subject to the program under this section and to persons subject to orders under s. 767.078 (1) (d). The county department may contract with other agencies for the provision of these services.".

AB100-ASA1-AA8,159,12 712. Page 812, line 22: after that line insert: