49.147 (1) (c) In this section, “unsubsidized “Unsubsidized employment" means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.
27,1812e
Section 1812e. 49.147 (1) (b) of the statutes is created to read:
49.147 (1) (b) “Disabled" has the meaning given in s. 46.985 (1) (d).
27,1812f
Section 1812f. 49.147 (4) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
49.147 (4) Community service job. (a) Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of an individual who is not otherwise able to obtain sufficient employment, as determined by the Wisconsin works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial job. In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement under this subsection priority over a placement under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated by the projects. After every 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works agency shall reassess the individual's employability.
(b) Grant-paying community service job. 1. `Required hours.' Except as provided in subd. 1m., a participant under this paragraph may be required to participate in any of the following:
a. Education and training activities for not more than 10 hours per week assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this subd. 1. a., which shall include 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, technical college courses and educational courses that provide an employment skill. Permissible education under this subd. 1. a. shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
b. A community service job for not more than 30 hours per week.
c. For the first 2 weeks of participation under this paragraph, an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this subd. 1. c. in lieu of the participation requirements under subd. 1. a. and b.
1m. `Education for 18-year-old and 19-year-old students.' A Wisconsin works agency shall permit a participant under this paragraph 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 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 in a community service job under subd. 1.
2. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.
3. `Worker's compensation.' A participant under this paragraph is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation.
(c) Wage-paying community service job. 1. `Definition.' In this paragraph, “employer" means a nonprofit, nonstock corporation organized under ch. 181 with which the Wisconsin works agency contracts under subd. 1m. to provide employment to a participant.
1g. `Limited scope.' The department shall permit this paragraph to be implemented by 2 Wisconsin works agencies in Milwaukee County that are selected by the department based on requests received by the department from those Wisconsin works agencies.
1m. `Employment arrangement.' A Wisconsin works agency may contract with a nonprofit, nonstock corporation organized under ch. 181 to provide employment to the participant. The contract shall require the Wisconsin works agency to reimburse the employer for the amounts paid by the employer for the wages and payroll taxes of the participant.
2. `Eligibility.' A Wisconsin works agency may not place an individual under this paragraph unless the individual is working at least 15 hours per week in an unsubsidized job.
3. `Work supplementation.' The Wisconsin works agency may require a participant under this paragraph to work not more than the lesser of the following in a community service job under this paragraph:
a. Fifteen hours per week.
b. The difference between 40 hours and the number of hours that the participant works in an unsubsidized job.
4. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 3 months, with an opportunity for a one-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find adequate unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.
5. `Worker's compensation.' The Wisconsin works agency shall provide the participant with worker's compensation coverage, except to the extent that the employer for whom the participant is performing work provides worker's compensation.
6. `Sunset.' This paragraph does not apply after September 30, 2001.
27,1812g
Section 1812g. 49.147 (4) (as) of the statutes is amended to read:
49.147 (4) (as) Required hours. Except as provided in par. pars. (at) and (av), a Wisconsin works agency may require a participant placed in a community service job program to work not more than 30 hours per week in a community service job. 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.
27,1812h
Section 1812h. 49.147 (4) (av) of the statutes is created to read:
49.147 (4) (av) Education for 18-year-old and 19-year-old students. A Wisconsin 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 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 in a community service job under par. (as).
27,1812j
Section 1812j. 49.147 (5) (bm) of the statutes is amended to read:
49.147 (5) (bm) Education or training activities. A Except as provided in par. (bw), a participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include 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, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
27,1812k
Section 1812k. 49.147 (5) (bs) of the statutes is amended to read:
49.147 (5) (bs) Required hours. Except as provided in par. pars. (bt) and (bw), a Wisconsin 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. 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.
27,1812p
Section 1812p. 49.147 (5) (bt) of the statutes is amended to read:
49.147 (5) (bt) Motivational training. A Except as provided in par. (bw), a Wisconsin works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than
40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (bs).
27,1812t
Section 1812t. 49.147 (5) (bw) of the statutes is created to read:
49.147 (5) (bw) Certain single parents of disabled children. A participant may not be required to participate in education and training activities under par. (bm), the work requirement under par. (bs) or motivational training under par. (bt) if all of the following conditions are met:
1. The participant is a single parent of a disabled child.
2. The Wisconsin works agency determines that the participant is needed in the home for at least 40 hours per week to provide care for the disabled child.
27,1812u
Section 1812u. 49.147 (5) (c) of the statutes is amended to read:
49.147 (5) (c) Worker's compensation. A participant under this subsection who is not exempt under par. (bw) is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
27,1812w
Section 1812w. 49.147 (5m) of the statutes is created to read:
49.147 (5m) Postsecondary education. (a) To the extent permitted under section 103 of P.L. 104-193, a participant under sub. (4) or (5) may elect to participate in a self-initiated technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:
1. The Wisconsin works agency, in consultation with the community steering committee established under s. 49.143 (2) (a) and the technical college district board, determines that the technical college education program is likely to lead to employment.
2. The participant maintains full-time status in the technical college education program, as determined by the technical college that the participant attends, and regularly attends all classes.
3. The participant maintains a grade point average of at least a 2.0, or the equivalent as determined by the technical college.
(b) 1. Except as provided in subd. 2., for the purposes of s. 49.148 (1) (b) and (c), a Wisconsin works agency shall consider each hour that a participant spends attending classes under this subsection, including time spent traveling to and from classes, as satisfying an hour of required participation under sub. (4) or (5).
2. A Wisconsin works agency may not consider time in excess of 15 hours per week that the participant spends attending or travelling to or from classes under this subsection as satisfying any hours of required participation under sub. (4) or (5).
(c) The Wisconsin works agency shall work with the community steering committee established under s. 49.143 (2) (a) and the technical college district board to monitor the participant's progress in the technical college education program and the effectiveness of the program in leading to employment.
27,1813
Section 1813
. 49.147 (6) (c) of the statutes is amended to read:
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.
27,1814
Section 1814
. 49.147 (6) (d) 2. of the statutes is amended to read:
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).
27,1815
Section 1815
. 49.148 (1) (b) of the statutes is amended to read:
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. If a participant in a community service job 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.
27,1815c
Section 1815c. 49.148 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.148 (1) (b) 1. and amended to read:
49.148 (1) (b) 1. For a participant in a community service job under s. 49.147 (4) (b), a monthly grant of $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 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. 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.
27,1815d
Section 1815d. 49.148 (1) (b) 2. of the statutes is created to read:
49.148 (1) (b) 2. For a participant in a community service job under s. 49.147 (4) (c), minimum wage for every hour actually worked in the community service job, not to exceed 15 hours per week, paid by the employer, as defined in s. 49.147 (4) (c) 1.
27,1816
Section 1816
. 49.148 (1) (c) of the statutes is amended to read:
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.
27,1817
Section 1817
. 49.148 (1m) (a) of the statutes is amended to read:
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) (c). 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.
27,1817b
Section 1817b. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
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 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). 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) 2. or (c) 4. 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.
27,1817c
Section 1817c. 49.148 (1m) (b) of the statutes is amended to read:
49.148 (1m) (b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) 2. or (c) 4. 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 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.
27,1819b
Section 1819b. 49.148 (3) of the statutes is repealed.
27,1820
Section 1820
. 49.148 (4) of the statutes is created to read:
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 presanction 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 paragraph.
(b) The Wisconsin 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) or (5) (bs).
(c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position.
27,1820c
Section 1820c. 49.15 of the statutes is created to read:
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.
(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.
(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.
(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:
(a) Unsubsidized employment, as defined in s. 49.147 (1) (a).
(b) Subsidized employment, as defined by the department.
(c) If sufficient private sector employment is not available, work experience, as defined by the department.
(d) On-the-job training, as defined by the department.
(e) A community service program, as defined by the department.
(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).
27,1820d
Section 1820d. 49.151 (1) (intro.) of the statutes is amended to read:
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:
27,1820e
Section 1820e. 49.151 (1) (a) of the statutes is amended to read:
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.
27,1820f
Section 1820f. 49.151 (1) (b) of the statutes is amended to read:
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.
27,1820g
Section 1820g. 49.151 (1) (c) of the statutes is amended to read:
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.
27,1820h
Section 1820h. 49.151 (1) (d) of the statutes is amended to read:
