Amendment SSA1-AB75

AB75-SSA1, s. 1137 Section 1137. 49.029 of the statutes is repealed.

AB75-SSA1, s. 1138 Section 1138. 49.031 of the statutes is repealed.

AB75-SSA1, s. 1138d Section 1138d. 49.133 (1) of the statutes is amended to read:

AB75-SSA1,557,25 49.133 (1) The person has been convicted of a felony or misdemeanor that the department or county department under s. 46.215, 46.22, or 46.23 determines substantially relates to the care of children or to the operation of a business.

AB75-SSA1, s. 1138f Section 1138f. 49.133 (4) of the statutes is created to read:

AB75-SSA1,558,5 49.133 (4) The department or county department under s. 46.215, 46.22, or 46.23 reasonably suspects that the person has intentionally and egregiously violated any provision under the program under which the payments are made or any rule related to the program.

AB75-SSA1, s. 1139 Section 1139. 49.136 (1) (m) of the statutes is amended to read:

AB75-SSA1,558,8 49.136 (1) (m) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian, or a person acting in the place of a parent.

AB75-SSA1, s. 1140g Section 1140g. 49.139 of the statutes is created to read:

AB75-SSA1,558,13 49.139 Emergency shelter funding. From the appropriation account under s. 20.437 (2) (f), the department shall provide $50,000 annually, beginning on October 1, 2009, to the Emergency Shelter of the Fox Valley to provide services to homeless individuals and families.

AB75-SSA1, s. 1141 Section 1141. 49.141 (1) (s) of the statutes is amended to read:

AB75-SSA1,558,22 49.141 (1) (s) "Wisconsin works Works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent, and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin works Works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin works group" does not include any person who is receiving benefits under s. 49.027 (3) (b).

AB75-SSA1, s. 1144 Section 1144. 49.143 (2) (b) of the statutes is amended to read:

AB75-SSA1,559,10 49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 49.17 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

AB75-SSA1, s. 1147 Section 1147. 49.143 (2) (em) of the statutes is amended to read:

AB75-SSA1,559,15 49.143 (2) (em) Determine eligibility for and administer child care assistance under s. 49.155 and refer eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care services, if the department contracts with the Wisconsin Works agency to do so.

AB75-SSA1, s. 1150 Section 1150. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:

AB75-SSA1,559,23 49.145 (2) (n) 1. (intro.) 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 or any adult member of the individual's Wisconsin works Works group has participated in, or has received benefits under, received assistance under any of the following or any combination of the following does not exceed 60 months the federal time limit established under 42 USC 608 (a) (7), whether or not consecutive:

AB75-SSA1, s. 1151 Section 1151. 49.145 (2) (n) 1. a. of the statutes is amended to read:

AB75-SSA1,560,3 49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program counts toward the 60-month time limit.

AB75-SSA1, s. 1152 Section 1152. 49.145 (2) (n) 2. of the statutes is repealed.

AB75-SSA1, s. 1153 Section 1153. 49.145 (2) (n) 4. (intro.) of the statutes is amended to read:

AB75-SSA1,560,12 49.145 (2) (n) 4. (intro.) In calculating the number of months under subds. subd. 1. and 2., a Wisconsin works Works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works Works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:

AB75-SSA1, s. 1155 Section 1155 . 49.145 (2) (s) of the statutes is amended to read:

AB75-SSA1,561,9 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 assistance, as defined in 45 CFR 260.31, under Wisconsin Works benefit is paid to the individual. If a minor who is a beneficiary of any assistance under 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 that assistance, 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 that assistance in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin Works assistance, 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 the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits assistance under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, any money that is received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works and that is not the federal share of support shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB75-SSA1, s. 1155c Section 1155c. 49.145 (2) (s) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-SSA1,562,6 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 accruing during the time that any assistance, as defined in 45 CFR 260.31, under Wisconsin Works is paid to the individual. If a minor who is a beneficiary of any assistance under Wisconsin Works is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving that assistance, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of that assistance in the amount that is the proportionate share of the minor receiving the assistance, 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 the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive assistance under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, any 75 percent of all money that is received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works and that is not the federal share of support shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB75-SSA1, s. 1156 Section 1156. 49.1452 of the statutes is created to read:

AB75-SSA1,562,14 49.1452 Payment of support arrears. If an individual who formerly participated in, but is no longer participating in, Wisconsin Works assigned to the state under s. 49.145 (2) (s) his or her right or the right of any dependent child of the individual to support or maintenance from any other person, the department shall pay to the individual all money in support or maintenance arrears that is collected by the department after the individual's participation ceased and that accrued while the individual was participating in Wisconsin Works.

AB75-SSA1, s. 1157 Section 1157. 49.147 (3) (c) of the statutes is repealed.

AB75-SSA1, s. 1158 Section 1158. 49.147 (4) (as) of the statutes is amended to read:

AB75-SSA1,563,2 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin works Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works Works agency to be appropriate for the participant at the time of application or review, but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), 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 except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

AB75-SSA1, s. 1160 Section 1160. 49.147 (4) (av) of the statutes is amended to read:

AB75-SSA1,563,11 49.147 (4) (av) Education for 18-year-old and 19-year-old students. A Wisconsin works Works agency shall permit a participant under this subsection who has not attained 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, at the option of the participant, to 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 requirement under par. (as).

AB75-SSA1, s. 1161 Section 1161. 49.147 (4) (b) of the statutes is repealed.

AB75-SSA1, s. 1162 Section 1162. 49.147 (5) (b) 1. (intro.) of the statutes is renumbered 49.147 (5) (b) (intro.).

AB75-SSA1, s. 1163 Section 1163. 49.147 (5) (b) 1. a. of the statutes is renumbered 49.147 (5) (b) 1m.

AB75-SSA1, s. 1164 Section 1164. 49.147 (5) (b) 1. c. of the statutes is renumbered 49.147 (5) (b) 2m.

AB75-SSA1, s. 1165 Section 1165. 49.147 (5) (b) 1. d. of the statutes is renumbered 49.147 (5) (b) 3.

AB75-SSA1, s. 1166 Section 1166. 49.147 (5) (b) 1. e. of the statutes is renumbered 49.147 (5) (b) 4.

AB75-SSA1, s. 1167 Section 1167. 49.147 (5) (b) 2. of the statutes is repealed.

AB75-SSA1, s. 1168 Section 1168. 49.147 (5) (bs) of the statutes is amended to read:

AB75-SSA1,564,8 49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works 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. Except as provided in sub. (5m), 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 1m. to 4. The Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

AB75-SSA1, s. 1170 Section 1170. 49.147 (5m) (a) (intro.) of the statutes is amended to read:

AB75-SSA1,564,13 49.147 (5m) (a) (intro.) To the extent permitted under 42 USC 607, and except as provided in par. (bL), a participant under sub. (4) (b) or (5) may participate in a technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:

AB75-SSA1, s. 1173 Section 1173. 49.148 (1) (c) of the statutes is amended to read:

AB75-SSA1,564,23 49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a grant of $628, paid monthly by the Wisconsin works Works agency. 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. 1m. to 4., 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.

AB75-SSA1, s. 1174 Section 1174. 49.148 (1m) (title) of the statutes is amended to read:

AB75-SSA1,564,25 49.148 (1m) (title) Custodial parent of infant; unmarried, pregnant woman.

AB75-SSA1, s. 1175 Section 1175. 49.148 (1m) (a) (intro.) of the statutes is created to read:

AB75-SSA1,565,3 49.148 (1m) (a) (intro.) Any of the following may receive a monthly grant of $673:

AB75-SSA1, s. 1176 Section 1176. 49.148 (1m) (a) of the statutes is amended to read:

AB75-SSA1,565,17 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 Works group is participating in, or is eligible to participate in, a Wisconsin works Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works 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 Works employment position for purposes of the time limits limit 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 Works employment position.

AB75-SSA1, s. 1177 Section 1177. 49.148 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.148 (1m) (a) 1. and amended to read:

AB75-SSA1,565,25 49.148 (1m) (a) 1. A custodial parent of a child 12 weeks old or less 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) (c).

AB75-SSA1,566,2 (bm) A Wisconsin Works agency may not require a participant under this subsection to participate in any employment positions.

AB75-SSA1,566,8 (c) 1. Receipt of a grant under this subsection by a participant under par. (a) 1. does not constitute participation in a Wisconsin Works employment position for purposes of the time limit under s. 49.145 (2) (n) 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.

AB75-SSA1, s. 1179 Section 1179. 49.148 (1m) (a) 2. of the statutes is created to read:

AB75-SSA1,566,14 49.148 (1m) (a) 2. An unmarried woman who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child and who is in the 3rd trimester of a pregnancy that is medically verified and that is shown by medical documentation to be at risk and to render the woman unable to participate in the workforce.

AB75-SSA1, s. 1180 Section 1180. 49.148 (1m) (b) of the statutes is amended to read:

AB75-SSA1,566,25 49.148 (1m) (b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works Works employment position for purposes of the time limits under ss. limit under s. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) 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 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.

AB75-SSA1, s. 1181 Section 1181. 49.148 (1m) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.148 (1m) (c) 2. and amended to read:

AB75-SSA1,567,12 49.148 (1m) (c) 2. Receipt of a grant under this subsection by a participant under par. (a) 1. constitutes participation in a Wisconsin Works employment position for purposes of the time limit under s. 49.145 (2) (n) 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 in violation of s. 948.02 or 948.025 or as a result 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.

AB75-SSA1, s. 1182c Section 1182c. 49.148 (1m) (c) (intro.) of the statutes is created to read:

AB75-SSA1,567,15 49.148 (1m) (c) (intro.) For purposes of the time limit under s. 49.145 (2) (n), all of the following apply:

AB75-SSA1, s. 1182e Section 1182e. 49.148 (1m) (c) 3. of the statutes is created to read:

AB75-SSA1,567,19 49.148 (1m) (c) 3. Receipt of a grant under this subsection by a participant under par. (a) 2. does not constitute participation in a Wisconsin Works employment position.

AB75-SSA1, s. 1183 Section 1183. 49.148 (4) (b) of the statutes is amended to read:

AB75-SSA1,567,24 49.148 (4) (b) The Wisconsin works 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) (a) and (am) or (5) (bs) (b) and (bm).

AB75-SSA1, s. 1185 Section 1185. 49.151 (1) (intro.) of the statutes is amended to read:

AB75-SSA1,568,14 49.151 (1) Refusal to participate. (intro.) A participant who refuses to participate 3 times, as determined under guidelines promulgated under s. 49.1515, in any Wisconsin works Works employment position component is ineligible to participate in that component the Wisconsin Works program for 3 months. A participant is also ineligible to participate in that the Wisconsin works employment position component Works program if an individual in the participant's Wisconsin works 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 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:

AB75-SSA1, s. 1186 Section 1186. 49.151 (1) (b) of the statutes is amended to read:

AB75-SSA1,568,22 49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin works 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 Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works 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. 1m. to 4., without good cause, as determined by the Wisconsin works Works agency.

AB75-SSA1, s. 1187 Section 1187. 49.1515 of the statutes is created to read:

AB75-SSA1,569,3 49.1515 Determining nonparticipation without good cause. (1) Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s. 49.151 (1) (a), (b), (c), (d), or (e) is demonstrating a refusal to participate.

AB75-SSA1,569,6 (2) Actions before determination. Before determining under s. 49.151 that a participant is ineligible to participate in the Wisconsin Works program, the Wisconsin Works agency shall do all of the following:

AB75-SSA1,569,9 (a) Determine whether the failure of the participant or individual to participate is because the participant or individual refuses to participate or is unable to participate.

AB75-SSA1,569,11 (b) Ensure that the services offered to the participant or individual are appropriate for him or her.

AB75-SSA1,569,12 (c) Determine whether good cause exists for the failure to participate.

AB75-SSA1,569,19 (3) Conciliation period for compliance. (a) If a Wisconsin Works agency, in accordance with rules promulgated under sub. (1) and after taking the steps required under sub. (2), determines that a participant or individual has refused to participate without good cause, the Wisconsin Works agency shall allow the participant or individual a conciliation period during which he or she must participate in all assigned activities unless good cause exists that prevents compliance during the conciliation period.

AB75-SSA1,569,21 (b) The department shall by rule establish the length of time for a conciliation period.

AB75-SSA1,569,24 (4) Emergency rules prohibited. Notwithstanding s. 227.24, the department may not promulgate any rules under this section as emergency rules using the procedure under s. 227.24.

AB75-SSA1, s. 1188 Section 1188. 49.153 (1) (a) of the statutes is renumbered 49.153 (1) (bm) and amended to read:

AB75-SSA1,570,5 49.153 (1) (bm) Provide After providing the explanation under par. (am), provide to the participant written notice of the proposed action and of the reasons for the proposed action.

AB75-SSA1, s. 1189 Section 1189. 49.153 (1) (b) of the statutes is renumbered 49.153 (1) (am) and amended to read:

AB75-SSA1,570,11 49.153 (1) (am) After providing written notice, explain Explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.

AB75-SSA1, s. 1190 Section 1190. 49.153 (1) (c) of the statutes is amended to read:

AB75-SSA1,570,17 49.153 (1) (c) After providing the notice under par. (a) and the explanation or the attempts to provide an explanation under par. (b), (am) and the notice under par. (bm), if the participant has not already been afforded a conciliation period under s. 49.1515 (3) allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

AB75-SSA1, s. 1190p Section 1190p. 49.155 (title) of the statutes is amended to read: