10. Eliminating the authority of DCF to institute a number of cost-saving
measures under Wisconsin Shares, such as implementing a waiting list and
increasing child care subsidy copayments.
11. Eliminating the prohibition that a child care provider under Wisconsin
Shares may not receive a subsidy for a child whose parent is also a child care provider
unless the provider has been granted a waiver.
12. Eliminating the prohibition that a person receiving a child care subsidy
under Wisconsin Shares may not personally benefit from any marketing or
promotional offerings made by a child care provider to attract clients.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB446, s. 1 1Section 1. 49.147 (2) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
232
, is amended to read:
AB446,3,93 49.147 (2) (a) 1. An individual who applies for a Wisconsin Works employment
4position may be required by the Wisconsin Works agency to search for unsubsidized
5employment during the period that his or her application is being processed as a
6condition of eligibility. A participant in a Wisconsin Works employment position or
7who is receiving case management services under par. (am)
shall search for
8unsubsidized employment throughout his or her participation. The department
9shall define by rule satisfactory search efforts for unsubsidized employment.
AB446, s. 2 10Section 2. 49.147 (2) (a) 2. of the statutes, as affected by 2011 Wisconsin Act
1132
, is amended to read:
AB446,4,7
149.147 (2) (a) 2. A Wisconsin Works agency may require an applicant for a
2Wisconsin Works employment position to participate in job orientation during the
3period that his or her application is being processed as a condition of eligibility. A
4Wisconsin Works agency may require a participant in a Wisconsin Works
5employment position or who is receiving case management services under par. (am)
6to engage in training activities in accordance with rules promulgated by the
7department as part of the participant's participation requirements.
AB446, s. 3 8Section 3. 49.147 (2) (am) of the statutes, as created by 2011 Wisconsin Act 32,
9is repealed.
AB446, s. 4 10Section 4. 49.147 (2) (b) of the statutes, as affected by 2011 Wisconsin Act 32,
11is amended to read:
AB446,4,1612 49.147 (2) (b) Job search assistance. A Wisconsin Works agency shall assist a
13participant in his or her search for unsubsidized employment. In determining an
14appropriate placement for a participant, a Wisconsin Works agency shall give
15priority to placement in unsubsidized employment and providing case management
16services under par. (am)
over placements under subs. (3) to (5).
AB446, s. 5 17Section 5. 49.147 (3) (c) of the statutes, as created by 2011 Wisconsin Act 32,
18is repealed.
AB446, s. 6 19Section 6. 49.147 (4) (as) of the statutes, as affected by 2011 Wisconsin Act 32,
20is amended to read:
AB446,5,421 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and
22sub. (5m), a Wisconsin Works agency shall require a participant placed in a
23community service job program to work in a community service job for the number
24of hours determined by the Wisconsin Works agency to be appropriate for the
25participant at the time of application or review and may require a participant to

1participate in education or training activities for not more than 10 hours per week
,
2except that the Wisconsin Works agency may not require a participant under this
3subsection to spend more than 40 hours per week in combined activities under this
4subsection.
AB446, s. 7 5Section 7. 49.147 (4) (b) of the statutes, as created by 2011 Wisconsin Act 32,
6is repealed.
AB446, s. 8 7Section 8. 49.147 (5) (b) 1. (intro.) of the statutes, as affected by 2011 Wisconsin
8Act 32
, is renumbered 49.147 (5) (b) (intro.).
AB446, s. 9 9Section 9. 49.147 (5) (b) 1. a. of the statutes, as affected by 2011 Wisconsin Act
1032
, is renumbered 49.147 (5) (b) 1c.
AB446, s. 10 11Section 10. 49.147 (5) (b) 1. b. of the statutes, as affected by 2011 Wisconsin
12Act 32
, is renumbered 49.147 (5) (b) 2c.
AB446, s. 11 13Section 11. 49.147 (5) (b) 1. c. of the statutes, as affected by 2011 Wisconsin
14Act 32
, is renumbered 49.147 (5) (b) 3c.
AB446, s. 12 15Section 12. 49.147 (5) (b) 1. d. of the statutes, as affected by 2011 Wisconsin
16Act 32
, is renumbered 49.147 (5) (b) 4c.
AB446, s. 13 17Section 13. 49.147 (5) (b) 2. of the statutes, as created by 2011 Wisconsin Act
1832
, is repealed.
AB446, s. 14 19Section 14. 49.147 (5) (bs) of the statutes, as affected by 2011 Wisconsin Act
2032
, section 1357f, is amended to read:
AB446,6,221 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m),
22a Wisconsin Works agency may require a participant placed in a transitional
23placement to participate in education or training activities for not more than 12
24hours per week and
to engage in activities under par. (b) 1., but 1c. to 4c. The

1Wisconsin Works agency
may not require a participant under this subsection to
2spend more than 40 hours per week in combined activities under this subsection.
AB446, s. 15 3Section 15. 49.148 (1) (b) 1. of the statutes, as affected by 2011 Wisconsin Act
432
, is amended to read:
AB446,6,165 49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a
6community service job under s. 49.147 (4), a monthly grant of $653 $673, paid by the
7Wisconsin Works agency. For every hour that the participant misses work or
8education or training activities without good cause, the grant amount shall be
9reduced by $5 $5.15. Good cause shall be determined by the financial and
10employment planner in accordance with rules promulgated by the department. Good
11cause shall include required court appearances for a victim of domestic abuse. If a
12participant in a community service job under s. 49.147 (4) is required to work fewer
13than 30 hours per week because the participant has unsubsidized employment, as
14defined in s. 49.147 (1) (c), the grant amount under this paragraph shall equal the
15amount specified under subd. 1m. minus $5 $5.15 for each hour that the participant
16misses work or education or training activities without good cause.
AB446, s. 16 17Section 16. 49.148 (1) (b) 1m. d. of the statutes, as affected by 2011 Wisconsin
18Act 32
, is amended to read:
AB446,6,2019 49.148 (1) (b) 1m. d. For a participant placed in a community service job for
20more than 20 hours per week, $653 $673.
AB446, s. 17 21Section 17. 49.148 (1) (b) 3. of the statutes, as affected by 2011 Wisconsin Act
2232
, is amended to read:
AB446,7,423 49.148 (1) (b) 3. For a participant in a community service job who participates
24in technical college education under s. 49.147 (5m), a monthly grant of $653 $673,
25paid by the Wisconsin Works agency. For every hour that the participant misses

1work or other required activities without good cause, the grant amount shall be
2reduced by $5 $5.15. Good cause shall be determined by the financial and
3employment planner in accordance with rules promulgated by the department. Good
4cause shall include required court appearances for a victim of domestic abuse.
AB446, s. 18 5Section 18. 49.148 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 32,
6section 1361f, is amended to read:
AB446,7,157 49.148 (1) (c) Transitional placements. For a participant in a transitional
8placement under s. 49.147 (5) or in a transitional placement and in technical college
9education under s. 49.147 (5m), a grant of $608 $628, paid monthly by the Wisconsin
10Works agency. For every hour that the participant fails to participate in any required
11activity without good cause, including any activity under s. 49.147 (5) (b) 1. a. to d.
121c. to 4c., the grant amount shall be reduced by $5. $5.15 Good cause shall be
13determined by the financial and employment planner in accordance with rules
14promulgated by the department. Good cause shall include required court
15appearances for a victim of domestic abuse.
AB446, s. 19 16Section 19. 49.148 (1m) (a) 1. of the statutes, as affected by 2011 Wisconsin
17Act 32
, is amended to read:
AB446,7,2218 49.148 (1m) (a) 1. A custodial parent of a child 8 12 weeks old or less who meets
19the eligibility requirements under s. 49.145 (2) and (3), unless another adult member
20of the custodial parent's Wisconsin Works group is participating in, or is eligible to
21participate in, a Wisconsin Works employment position or is employed in
22unsubsidized employment, as defined in s. 49.147 (1) (c).
AB446, s. 20 23Section 20. 49.148 (1m) (c) (intro.) of the statutes, as affected by 2011
24Wisconsin Act 32
, is amended to read:
AB446,8,2
149.148 (1m) (c) (intro.) For purposes of the time limits limit under ss. s. 49.145
2(2) (n) and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:
AB446, s. 21 3Section 21. 49.148 (4) (b) of the statutes, as affected by 2011 Wisconsin Act 32,
4is amended to read:
AB446,8,85 49.148 (4) (b) The Wisconsin Works agency may require an individual who tests
6positive for use of a controlled substance under par. (a) to participate in a drug abuse
7evaluation, assessment, and treatment program as part of the participation
8requirement under s. 49.147 (4) (as) (a) and (am) or (5) (bs) (b) and (bm).
AB446, s. 22 9Section 22. 49.151 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 32,
10is amended to read:
AB446,8,1711 49.151 (1) (b) The participant, or an individual who is in the participant's
12Wisconsin Works group and who is subject to the work requirement under s. 49.15
13(2), fails, without good cause, as determined by the Wisconsin Works agency, to
14appear for an interview with a prospective employer or, if the participant is in a
15Wisconsin Works transitional placement, the participant fails to appear for an
16assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to d. 1c. to 4c.,
17without good cause, as determined by the Wisconsin Works agency.
AB446, s. 23 18Section 23. 49.1515 (title) of the statutes, as affected by 2011 Wisconsin Act
1932
, is amended to read:
AB446,8,20 2049.1515 (title) Determining nonparticipation without good cause.
AB446, s. 24 21Section 24. 49.1515 (2c) of the statutes is created to read:
AB446,8,2422 49.1515 (2c) Actions before determination. Before determining under s.
2349.151 that a participant is ineligible to participate in the Wisconsin Works program,
24the Wisconsin Works agency shall do all of the following:
AB446,9,3
1(a) Determine whether the failure of the participant or individual to participate
2is because the participant or individual refuses to participate or is unable to
3participate.
AB446,9,54 (b) Ensure that the services offered to the participant or individual are
5appropriate for him or her.
AB446,9,66 (c) Determine whether good cause exists for the failure to participate.
AB446, s. 25 7Section 25. 49.1515 (3c) of the statutes is created to read:
AB446,9,148 49.1515 (3c) Conciliation period for compliance. (a) If a Wisconsin Works
9agency, in accordance with rules promulgated under sub. (1) and after taking the
10steps required under sub. (2c), determines that a participant or individual has
11refused to participate without good cause, the Wisconsin Works agency shall allow
12the participant or individual a conciliation period during which he or she must
13participate in all assigned activities unless good cause exists that prevents
14compliance during the conciliation period.
AB446,9,1615 (b) The department shall by rule establish the length of time for a conciliation
16period.
AB446, s. 26 17Section 26. 49.152 (1) of the statutes, as affected by 2011 Wisconsin Act 32,
18is amended to read:
AB446,9,2519 49.152 (1) Petition for review. Any individual whose application for any
20component of Wisconsin Works is not acted upon by the Wisconsin Works agency with
21reasonable promptness after the filing of the application, as defined by the
22department by rule, or is denied in whole or in part, whose benefit is modified or
23canceled, or who believes that the benefit was calculated incorrectly , or that the
24employment position in which the individual was placed is inappropriate, or that
25providing case management services under s. 49.147 (2) (am) in lieu of placement in

1a Wisconsin Works employment position is inappropriate,
may petition the
2Wisconsin Works agency for a review of such action. Review is unavailable if the
3action by the Wisconsin Works agency occurred more than 45 days prior to
4submission of the petition for review.
AB446, s. 27 5Section 27. 49.152 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
6is amended to read:
AB446,10,187 49.152 (3) (a) If, following review under sub. (2), the Wisconsin Works agency
8or the department determines that an individual whose application for a Wisconsin
9Works employment position was denied based on eligibility was in fact eligible, or
10that the individual was placed in an inappropriate Wisconsin Works employment
11position or inappropriately provided case management services under s. 49.147 (2)
12(am) in lieu of placement in a Wisconsin Works employment position
, the Wisconsin
13Works agency shall place the individual in the first available Wisconsin Works
14employment position that is appropriate for that individual, as determined by the
15Wisconsin Works agency or the department. An individual who is placed in a
16Wisconsin Works employment position under this paragraph is eligible for the
17benefit for that position under s. 49.148 beginning on the date on which the
18individual begins participation under s. 49.147.
AB446, s. 28 19Section 28. 49.153 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
20is renumbered 49.153 (1) (bc) and amended to read:
AB446,10,2321 49.153 (1) (bc) Provide After providing the explanation under par. (ac), provide
22to the participant written notice of the proposed action and of the reasons for the
23proposed action.
AB446, s. 29 24Section 29. 49.153 (1) (ac) of the statutes is created to read:
AB446,11,3
149.153 (1) (ac) Explain to the participant orally in person or by phone, or make
2reasonable attempts to explain to the participant orally in person or by phone, the
3proposed action and the reasons for the proposed action.
AB446, s. 30 4Section 30. 49.153 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 32,
5is amended to read:
AB446,11,106 49.153 (1) (c) After providing the explanation or the attempts to provide an
7explanation under par. (ac) and the
notice under par. (a), (bc), if the participant has
8not already been afforded a conciliation period under s. 49.1515 (3c)
allow the
9participant a reasonable time to rectify the deficiency, failure, or other behavior to
10avoid the proposed action.
AB446, s. 31 11Section 31. 49.153 (2) of the statutes, as affected by 2011 Wisconsin Act 32,
12is amended to read:
AB446,11,1613 49.153 (2) Rules. The department shall promulgate rules that establish
14procedures for the notice and explanation under sub. (1) (a) and that define
15"reasonable attempts" for the purpose of sub. (1) (ac) and "reasonable time" for the
16purpose of sub. (1) (c).
AB446, s. 32 17Section 32. 49.155 (3m) (d) 1. of the statutes, as affected by 2011 Wisconsin
18Act 32
, is renumbered 49.155 (3m) (dc) and amended to read:
AB446,11,2219 49.155 (3m) (dc) No funds distributed under par. (a) may be used for child care
20services that are provided for a child by a child care provider who is the parent of the
21child or who resides with the child, unless the county determines that the care is
22necessary because of a special health condition of the child
.
AB446, s. 33 23Section 33. 49.155 (3m) (d) 2. of the statutes, as created by 2011 Wisconsin Act
2432
, is repealed.
AB446, s. 34
1Section 34. 49.155 (3m) (d) 3. of the statutes, as created by 2011 Wisconsin Act
232
, is repealed.
AB446, s. 35 3Section 35. 49.155 (3m) (d) 4. of the statutes, as created by 2011 Wisconsin Act
432
, is repealed.
AB446, s. 36 5Section 36. 49.155 (4) (title) of the statutes is renumbered 49.155 (4c) (title).
AB446, s. 37 6Section 37. 49.155 (4) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
7is renumbered 49.155 (4c).
AB446, s. 38 8Section 38. 49.155 (4) (b) of the statutes, as created by 2011 Wisconsin Act 32,
9is repealed.
AB446, s. 39 10Section 39. 49.155 (6) (e) 1. of the statutes, as created by 2011 Wisconsin Act
1132
, is repealed.
AB446, s. 40 12Section 40. 49.155 (6) (e) 2. of the statutes, as affected by 2011 Wisconsin Act
1332
, is renumbered 49.155 (6) (dm) and amended to read:
AB446,12,1614 49.155 (6) (dm) Except as provided in subd. 3., the The department may not
15increase the maximum reimbursement rates for child care providers before June 30,
162013.
AB446, s. 41 17Section 41. 49.155 (6) (e) 3. of the statutes, as created by 2011 Wisconsin Act
1832
, is repealed.
AB446, s. 42 19Section 42. 49.155 (6) (e) 4. of the statutes, as created by 2011 Wisconsin Act
2032
, is repealed.
AB446, s. 43 21Section 43. 49.155 (6) (e) 5. of the statutes, as created by 2011 Wisconsin Act
2232
, is repealed.
AB446, s. 44 23Section 44. 49.155 (6d) of the statutes, as created by 2011 Wisconsin Act 32,
24is repealed.
AB446, s. 45
1Section 45. 49.159 (3) of the statutes, as affected by 2011 Wisconsin Act 32,
2is amended to read:
AB446,13,73 49.159 (3) Other custodial parents. A custodial parent in a Wisconsin Works
4group in which the other custodial parent is a participant in a Wisconsin Works
5employment position or is receiving case management services under s. 49.147 (2)
6(am)
is eligible for employment training and job search assistance services provided
7by the Wisconsin Works agency.
AB446, s. 46 8Section 46. Initial applicability.
AB446,13,159 (1) Miscellaneous Wisconsin Works participation changes. The treatment of
10sections 49.147 (2) (a) 1. and 2., (am), and (b), (3) (c), (4) (as) and (b), and (5) (b) 1.
11(intro.), a., b., c., and d. and 2. and (bs), 49.148 (1) (b) 1., 1m. d., and 3. and (c), (1m)
12(a) 1. and (c) (intro.), and (4) (b), 49.151 (1) (b), 49.1515 (title), (2c), and (3c), 49.152
13(1) and (3) (a), 49.153 (1) (a), (ac), and (c) and (2), and 49.159 (3) of the statutes first
14applies to individuals participating in Wisconsin Works on the effective date of this
15subsection.
AB446,13,1916 (2) Child care subsidy for parent who is child care provider. The treatment
17of section 49.155 (3m) (d) 1., 2., 3., and 4. of the statutes first applies to child care
18services provided to a child under Wisconsin Shares on the effective date of this
19subsection.
AB446, s. 47 20Section 47. Effective date.
AB446,13,2221 (1) This act takes effect on January 1, 2012, or on the day after publication,
22whichever is later.
AB446,13,2323 (End)
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