AB100: Bill Text

AB100, s. 1800 Section 1800. 49.141 (7) (d) of the statutes is created to read:

AB100,791,2 49.141 (7) (d) A person who has been suspended from participating in Wisconsin works under par. (c) and whom the president of the United States has pardoned with respect to the conduct for which the person had been suspended may have his or her eligibility to participate in Wisconsin works reinstated beginning on the first day of the first month beginning after the pardon.

AB100, s. 1801 Section 1801. 49.143 (2) (a) 11. of the statutes is created to read:

AB100,791,8 49.143 (2) (a) 11. In a county having a population of 500,000 or more, provide a forum for those persons who are interested in the delivery of child welfare services in the area of that county served by the Wisconsin works agency to communicate with and make recommendations to the department of health and family services with respect to the delivery of child welfare services in that area.

AB100, s. 1802 Section 1802. 49.145 (2) (i) of the statutes is amended to read:

AB100,791,13 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775.

AB100, s. 1803 Section 1803. 49.145 (2) (n) of the statutes is renumbered 49.145 (2) (n) 1. (intro.) and amended to read:

AB100,791,22 49.145 (2) (n) 1. (intro.) Beginning 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 has actively participated in the job opportunities and basic skills program under s. 49.193 or has participated in a Wisconsin works employment position or both, or has received benefits under, any of the following or any combination of the following does not exceed 60 months. The months need not be consecutive. Participation in the, whether or not consecutive:

AB100,791,25 a. The job opportunities and basic skills program under s. 49.193. Active participation in the job opportunities and basic skills program begins to count toward the 60-month limit beginning on July October 1, 1996.

AB100,792,4 3. A Wisconsin works agency may extend the time limit under this paragraph only if the Wisconsin works agency determines, in accordance with rules promulgated by the department, that unusual circumstances exist that warrant an extension of the participation period.

AB100, s. 1804 Section 1804. 49.145 (2) (n) 1. b. of the statutes is created to read:

AB100,792,6 49.145 (2) (n) 1. b. A Wisconsin works employment position.

AB100, s. 1805 Section 1805. 49.145 (2) (n) 1. c. of the statutes is created to read:

AB100,792,11 49.145 (2) (n) 1. c. Any program in this state or in any other state funded by a federal block grant for temporary assistance for needy families under title I of P.L. 104-193, if the individual received benefits under that program that were attributable to funds provided by the federal government.

AB100, s. 1806 Section 1806. 49.145 (2) (n) 2. of the statutes is created to read:

AB100,792,20 49.145 (2) (n) 2. Except as provided in subd. 4., in calculating the number of months in which the individual participated under subd. 1., the Wisconsin works agency shall include any month in which any adult member of the Wisconsin works group participated in a Wisconsin works employment position, if the individual was a member of that Wisconsin works group during that month. If the individual becomes a member of a new Wisconsin works group in which another adult member has participated in any of the activities listed under subd. 1. a. to c., the Wisconsin works agency shall attribute to that individual the greater of the following:

AB100,792,22 a. The number of months in which the individual participated in any of the activities listed under subd. 1. a. to c.

AB100,792,25 b. The number of months in which the other adult member of the Wisconsin works group participated in any of the activities listed under subd. 1. a. to c. before the individual became a member of that Wisconsin works group.

AB100, s. 1807 Section 1807. 49.145 (2) (n) 4. of the statutes is created to read:

AB100,793,6 49.145 (2) (n) 4. In calculating the number of months under subds. 1. and 2., a Wisconsin works agency shall exclude any month during which any adult in the Wisconsin works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation or in an Alaskan Native village if, during that month, all of the following applied:

AB100,793,7 a. At least 1,000 individuals were living on the reservation or in the village.

AB100,793,9 b. At least 50% of the adults living on the reservation or in the village were unemployed.

AB100, s. 1808 Section 1808. 49.145 (2) (r) of the statutes is created to read:

AB100,793,12 49.145 (2) (r) The individual is not a fugitive felon under 42 USC 608 (a) (9) (A) (i).

AB100, s. 1809 Section 1809. 49.145 (2) (rm) of the statutes is created to read:

AB100,793,15 49.145 (2) (rm) The individual is not violating a condition of probation, parole or community supervision imposed under federal or state law.

AB100, s. 1810 Section 1810. 49.145 (2) (s) of the statutes is created to read:

AB100,794,9 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until that amount of benefits paid that represents the amount due as support or maintenance has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works may be considered assigned to this state. Any money received by the department in a month under an assignment to the state under this paragraph for a person applying for or participating in Wisconsin works may be paid to the individual applying for or participating in Wisconsin works.

AB100, s. 1811 Section 1811. 49.145 (2) (v) of the statutes is created to read:

AB100,794,13 49.145 (2) (v) The individual states in writing whether the individual has been convicted in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance, as defined in 21 USC 802 (6).

AB100, s. 1812 Section 1812. 49.145 (3) (b) 2. of the statutes is amended to read:

AB100,794,19 49.145 (3) (b) 2. Child support payments received by the individual on behalf of a child who is a member of the Wisconsin works group. The Wisconsin works agency shall not include child support payments received by the department under an assignment under sub. (2) (s) unless the department has distributed the money to the individual.

AB100, s. 1813 Section 1813. 49.147 (6) (c) of the statutes is amended to read:

AB100,794,24 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, s. 1814 Section 1814. 49.147 (6) (d) 2. of the statutes is amended to read:

AB100,795,4 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, s. 1815 Section 1815. 49.148 (1) (b) of the statutes is amended to read:

AB100,795,13 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.

AB100, s. 1816 Section 1816. 49.148 (1) (c) of the statutes is amended to read:

AB100,795,22 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, s. 1817 Section 1817. 49.148 (1m) (a) of the statutes is amended to read:

AB100,796,10 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, s. 1818 Section 1818. 49.148 (2) of the statutes is created to read:

AB100,796,18 49.148 (2) Electronic funds transfer. If the department makes benefit payments under sub. (1) (b) or (c) or (1m), it may make the payments by an electronic funds transfer system. If the department elects to make the payments by an electronic funds transfer system, the department may require a participant in a community service job or transitional placement or a participant under sub. (1m) to have an individual checking or savings account in a financial institution, as defined in s. 69.30 (1) (b), into which the department may electronically transfer the funds.

AB100, s. 1819 Section 1819. 49.148 (3) of the statutes is amended to read:

AB100,796,24 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, s. 1820 Section 1820. 49.148 (4) of the statutes is created to read:

AB100,797,13 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.

AB100,797,17 (b) The Wisconsin works agency may require an individual who tests positive for use of a controlled substance under this subsection 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, s. 1821 Section 1821. 49.15 of the statutes is created to read:

AB100,797,21 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.

AB100,798,2 (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 for not fewer than 20 hours per week in any activity described under sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child.

AB100,798,5 (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.

AB100,798,8 (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:

AB100,798,9 (a) Unsubsidized employment, as defined in s. 49.147 (1) (a).

AB100,798,10 (b) Subsidized employment, as defined by the department.

AB100,798,12 (c) If sufficient private sector employment is not available, work experience, as defined by the department.

AB100,798,13 (d) On-the-job training, as defined by the department.

AB100,798,14 (e) A community service program, as defined by the department.

AB100,798,20 (4) Single grant or subsidy. Notwithstanding the number of adults in a Wisconsin works group that are engaged in work activities in a month, no person, other than a participant in a community service job or transitional placement may receive a grant under s. 49.148 (1) (b) or (c) and no subsidy may be paid to an employer under s. 49.147 (3) (a) except on behalf of a participant in a trial job, regardless of the number of members of the Wisconsin works group that the employer employs.

AB100,799,3 (5) Sanction. The Wisconsin works agency may reduce the monthly grant amount of a participant in a community service job or transitional placement by $5.15 for every hour that an individual who is in the participant's Wisconsin work group and who is subject to the work requirement under sub. (2) fails to meet the work requirement in a month without good cause. 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, s. 1822 Section 1822. 49.151 (1) (intro.) of the statutes is amended to read:

AB100,799,17 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, s. 1823 Section 1823. 49.151 (1) (a) of the statutes is amended to read:

AB100,799,22 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, s. 1824 Section 1824. 49.151 (1) (b) of the statutes is amended to read:

AB100,800,5 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, s. 1825 Section 1825. 49.151 (1) (c) of the statutes is amended to read:

AB100,800,10 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, s. 1826 Section 1826. 49.151 (1) (d) of the statutes is amended to read:

AB100,800,14 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, s. 1827 Section 1827. 49.151 (1) (e) of the statutes is amended to read:

AB100,800,20 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, s. 1828 Section 1828. 49.152 (1) of the statutes is amended to read:

AB100,801,5 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, s. 1829 Section 1829. 49.152 (2) (a) (intro.) of the statutes is amended to read:

AB100,801,13 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, s. 1830 Section 1830. 49.152 (2) (b) 1. of the statutes is amended to read:

AB100,801,17 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, s. 1831 Section 1831. 49.152 (2) (c) 1. of the statutes is amended to read:

AB100,801,21 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, s. 1832 Section 1832. 49.152 (3) of the statutes is created to read: