AB100: Bill Text

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:

AB100,802,7 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.

AB100,802,13 (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, s. 1833 Section 1833. 49.153 (1m) of the statutes is created to read:

AB100,803,2 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 industry, labor and job 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.

AB100,803,7 (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, s. 1834 Section 1834. 49.153 (3g) (a) 1. of the statutes is amended to read:

AB100,803,10 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, s. 1835 Section 1835. 49.153 (4) (b) 1u. of the statutes is created to read:

AB100,803,15 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, s. 1836 Section 1836. 49.153 (4) (b) 2. c. of the statutes is amended to read:

AB100,803,18 49.153 (4) (b) 2. c. Over-the-counter Except as provided in subd. 1u., over-the-counter drugs.

AB100, s. 1837 Section 1837. 49.153 (4) (c) of the statutes is amended to read:

AB100,803,24 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, s. 1838 Section 1838. 49.155 (1) (a) of the statutes is renumbered 49.155 (1) (am).

AB100, s. 1839 Section 1839. 49.155 (1) (c) of the statutes is created to read:

AB100,804,4 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, s. 1840 Section 1840. 49.155 (1d) of the statutes is created to read:

AB100,804,10 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 II certified family day care provider, the department may not include a requirement for training for providers.

AB100,804,19 (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, s. 1841 Section 1841. 49.155 (1g) (title) of the statutes is created to read:

AB100,804,21 49.155 (1g) (title) Distribution of funds.

AB100, s. 1842 Section 1842. 49.155 (1j) (title) of the statutes is created to read:

AB100,804,23 49.155 (1j) (title) Unanticipated federal funds.

AB100, s. 1843 Section 1843. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB100,805,4 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, s. 1844 Section 1844. 49.155 (1m) (a) 1m. of the statutes is created to read:

AB100,805,13 49.155 (1m) (a) 1m. If the individual is a minor, but is not subject to the school attendance requirement under s. 49.26 (1) (ge) and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or is in a foster home or treatment foster home licensed under s. 48.62, a group home or an independent living arrangement supervised by an adult, obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.

AB100, s. 1845 Section 1845. 49.155 (1m) (a) 3. of the statutes is amended to read:

AB100,805,17 49.155 (1m) (a) 3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am) or (5) (bm).

AB100, s. 1846 Section 1846. 49.155 (1m) (a) 4. (intro.) of the statutes is amended to read: