AB591, s. 64 17Section 64. 49.124 (1m) (b) of the statutes is created to read:
AB591,32,2118 49.124 (1m) (b) The department may not require an individual who is a
19recipient under the food stamp program and who is the caretaker of a child who is
20under the age of 12 weeks to participate in any employment and training program
21under par. (a).
AB591, s. 65 22Section 65. 49.124 (1m) (c) of the statutes is created to read:
AB591,32,2423 49.124 (1m) (c) The amount of food stamp benefits paid to the recipient in a
24subsequent month shall be determined as follows:
AB591,33,4
11. The department shall add the recipient's total number of hours of actual
2participation in the month to the total number of hours in a month for which the
3recipient had good cause, as defined by the department by rule, for not participating
4in required activities.
AB591,33,7 52. The department shall subtract the total number of hours determined under
6subd. 1. from the recipient's total number of hours of required participation in that
7month.
AB591,33,9 83. The department shall multiply the number of hours determined under subd.
92. by the federal minimum hourly wage under 29 USC 206 (a) (1).
AB591,33,1210 4. The department shall subtract the dollar amount determined under subd.
113. from the amount of food stamp benefits that the recipient's family would have
12received if he or she had participated for the total number of assigned hours.
AB591, s. 66 13Section 66. 49.124 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
14sections 2792 and 3141, is repealed and recreated to read:
AB591,33,1915 49.124 (3) Deductions from income maintenance payments. The department
16shall withhold the value of food stamp losses for which a county or federally
17recognized American Indian tribe is liable under sub. (2) from the payment to the
18county or tribe under s. 20.445 (3) (dz) and (nL) and reimburse the federal
19government from the funds withheld.
AB591, s. 67 20Section 67. 49.125 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
21is amended to read:
AB591,34,222 49.125 (1) The department, or a county or , an elected governing body of a
23federally recognized American Indian tribe or band or a Wisconsin works agency
24acting on behalf of the department, may recover overpayments that arise from an
25overissuance of food coupons under the food stamp program administered under s.

146.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in accordance with 7 USC
22022
.
AB591, s. 68 3Section 68. 49.141 of the statutes is created to read:
AB591,34,5 449.141 Wisconsin works; general provisions. (1) Definitions. As used in
5ss. 49.141 to 49.161:
AB591,34,76 (a) "Community service job" means a work component of Wisconsin works
7administered under s. 49.147 (4).
AB591,34,118 (b) "Custodial parent" means, with respect to a dependent child, a parent who
9resides with that child and, if there has been a determination of legal custody with
10respect to the dependent child, has legal custody of that child. For the purposes of
11this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).
AB591,34,1512 (c) "Dependent child" means a person who resides with a parent and who is
13under the age of 18 or, if the person is a full-time student at a secondary school or
14a vocational or technical equivalent and is reasonably expected to complete the
15program before attaining the age of 19, is under the age of 19.
AB591,34,1816 (d) "Financial and employment planner" means a caseworker employed by a
17Wisconsin works agency who provides financial or employment counseling services
18to a participant.
AB591,34,1919 (e) "Job access loan" means a loan administered under s. 49.147 (6).
AB591,34,2020 (f) "Migrant worker" has the meaning given in s. 103.90 (5).
AB591,34,2221 (g) "Minimum wage" means the state minimum hourly wage under ch. 104 or
22the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.
AB591,34,2423 (h) "Noncustodial parent" means, with respect to a dependent child, a parent
24who is not the custodial parent.
AB591,35,5
1(i) "Nonmarital coparent" means, with respect to an individual and a
2dependent child, a parent who has never been married to the individual, resides with
3the dependent child and is either an adjudicated parent or a parent who has signed
4and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging
5paternity.
AB591,35,76 (j) "Parent" means either a biological parent, a person who has consented to the
7artificial insemination of his wife under s. 891.40, or a parent by adoption.
AB591,35,98 (k) "Participant" means an individual who participates in any component of the
9Wisconsin works program.
AB591,35,1010 (L) "Strike" has the meaning provided in 29 USC 142 (2).
AB591,35,1211 (m) "Transitional placement" means a work component of Wisconsin works
12administered under s. 49.147 (5).
AB591,35,1413 (n) "Trial job" means a work component of Wisconsin works administered under
14s. 49.147 (3).
AB591,35,1615 (p) "Wisconsin works" means the assistance program for families with
16dependent children, administered under ss. 49.141 to 49.161.
AB591,35,1817 (r) "Wisconsin works employment position" means any job or placement under
18s. 49.147 (3) to (5).
AB591,36,219 (s) "Wisconsin works group" means an individual, all dependent children with
20respect to whom the individual is a custodial parent and all dependent children with
21respect to whom the individual's dependent child is a custodial parent. "Wisconsin
22works group" includes any nonmarital coparent or any spouse of the individual who
23resides in the same household as the individual and any dependent children with
24respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin

1works group" does not include any person who is receiving benefits under s. 49.027
2(3) (b).
AB591,36,12 3(2) Waivers; legislation. (a) If necessary, the department shall request a
4waiver from the secretaries of the federal department of health and human services,
5the federal department of agriculture and the federal social security administration
6or shall seek the passage of federal legislation to permit the department to conduct
7the Wisconsin works program in lieu of the aid to families with dependent children
8program under s. 49.19, the job opportunities and basic skills program under s.
949.193, the parental responsibility pilot program under s. 49.25 and the
10work-not-welfare program under s. 49.27 and as part of the food stamp program
11under 7 USC 2011 to 2029 and the medical assistance program under 42 USC 1396
12to 1396u.
AB591,36,2113 (b) If a waiver is granted and in effect or legislation is enacted, and if the
14department determines that sufficient funds are available, the department may
15begin to implement the Wisconsin works program no sooner than July 1, 1996, for
16selected counties or groups determined by the department and shall implement the
17Wisconsin works program statewide for all groups no later than September 1, 1997.
18If a waiver is not granted and in effect or federal legislation is not enacted before
19March 30, 1997, the department shall implement the Wisconsin works program
20statewide for all groups no later than 3 months after the necessary waiver has been
21granted or federal legislation has been enacted.
AB591,36,2522 (d) Before implementing the Wisconsin works program, the department shall
23publish a notice in the Wisconsin Administrative Register that states the date on
24which the department will begin to implement the Wisconsin works program
25statewide.
AB591,37,6
1(3) Applications. Any individual may apply for any component of Wisconsin
2works. Application for each component of Wisconsin works shall be made on a form
3prescribed by the department. The individual shall submit a completed application
4form to a Wisconsin works agency in the geographical area specified by the
5department under s. 49.143 (6) in which the individual lives and in the manner
6prescribed by the department.
AB591,37,9 7(4) Nonentitlement. Notwithstanding fulfillment of the eligibility
8requirements for any component of Wisconsin works, an individual is not entitled to
9services or benefits under Wisconsin works.
AB591, s. 69 10Section 69. 49.143 of the statutes is created to read:
AB591,37,17 1149.143 Wisconsin works; agency contracts. (1) Awarding contracts. (a)
12The department may contract with any person to administer Wisconsin works in a
13geographical area determined by the department under sub. (6). The department
14may award a contract under this section on the basis of a competitive process
15approved by the secretary of administration, or, if the secretary of administration
16determines that it is in the best interest of the state to do so, on the basis of a
17noncompetitive process.
AB591,37,2518 (b) If no acceptable provider in a geographical area is selected under par. (a),
19the department may administer Wisconsin works directly in that geographical area,
20or, for a period of up to 12 months succeeding the statewide implementation of
21Wisconsin works, may require the county or counties that comprise that
22geographical area to administer Wisconsin works. Notwithstanding s. 16.75 (1) and
23(2m), a county that is required under this paragraph to administer Wisconsin works
24may contract with any person without competitive bidding or competitive sealed
25proposals to administer Wisconsin works.
AB591,38,3
1(2) Contract requirements. Each contract under sub. (1) shall contain
2performance-based incentives established by the department by rule. The contract
3shall require a Wisconsin works agency to do all of the following:
AB591,38,134 (a) Establish a community steering committee. The Wisconsin works agency
5shall recommend the members of the committee to the chief executive officer of each
6county served by the Wisconsin works agency. The chief executive officer of each
7county shall appoint the members of the committee. The number of members that
8each chief executive officer appoints to the committee shall be in proportion to the
9population of that officer's county relative to the population of each other county
10served by the Wisconsin works agency. The committee shall consist of at least 12
11members, but not more than 15 members. The members of the committee shall
12appoint a chairperson who shall be a person who represents business interests. The
13committee shall do all of the following:
AB591,38,1514 1. Advise the Wisconsin works agency concerning employment and training
15activities.
AB591,38,1716 2. Identify and encourage employers to provide permanent jobs for persons who
17are eligible for trial jobs or community service jobs.
AB591,38,1918 3. Create, and encourage others to create, subsidized jobs for persons who are
19eligible for trial jobs or community service jobs.
AB591,38,2120 4. Create, and encourage others to create, on-the-job training sites for persons
21who are eligible for trial jobs or community service jobs.
AB591,38,2322 5. Foster and guide the entrepreneurial efforts of participants who are eligible
23for trial jobs or community service jobs.
AB591,39,224 6. Provide mentors, both from its membership and from recruitment of
25members of the community, to provide job-related guidance, including assistance in

1resolving job-related issues and the provision of job leads or references, to persons
2who are eligible for trial jobs or community service jobs.
AB591,39,43 7. Coordinate with the governor's council on workforce excellence under s.
4106.115 to ensure compatibility of purpose and no duplication of effort.
AB591,39,105 (b) Establish a children's services network. The children's services network
6shall provide information about community resources available to the dependent
7children in a Wisconsin works group, including charitable food and clothing centers;
8the state supplemental food program for women, infants and children under s.
9253.06; and child care programs for individuals with incomes at or below 165% of the
10poverty line.
AB591,39,1611 (c) Employ at least one financial and employment planner. The financial and
12employment planner shall work with a participant to facilitate the participant's
13achievement of the maximum degree of self-sufficiency. The department shall
14ensure that a financial and employment planner employed by a Wisconsin works
15agency meets certification and training requirements established by the department
16and that appropriate training is provided by a Wisconsin works agency.
AB591,39,2117 (d) If the agency is not a county department under s. 46.215, 46.22 or 46.23 or
18tribal governing body, cooperate with the county department or tribal governing body
19to ensure that services delivered under Wisconsin works, the food stamp program
20and medical assistance are coordinated with the county or tribal governing body in
21a manner that most effectively serves the recipients of those services.
AB591,39,2522(e) Certify eligibility for and issue food coupons in conformity with 7 USC 2011
23to 2029. The agency may subcontract certification of food coupon eligibility for
24individuals who do not participate in any component of the Wisconsin works
25program.
AB591,40,2
1(f) Perform any other tasks specified by the department in the contract that
2department determines is necessary for the administration of Wisconsin works.
AB591,40,7 3(3) Performance standards. The department shall promulgate a rule
4establishing performance standards for the administration of Wisconsin works. If
5a Wisconsin works agency does not meet the standards established under this
6subsection, the department may withhold any or all payment from the Wisconsin
7works agency.
AB591,40,9 8(4) Audits. The department may require a Wisconsin works agency to submit
9to an independent annual audit paid for by the Wisconsin works agency.
AB591,40,16 10(5) Requests for information. (a) In accordance with rules promulgated by
11the department, a Wisconsin works agency may request from any person any
12information that it determines appropriate and necessary for the administration of
13Wisconsin works. Any person in this state shall provide this information within 7
14days after receiving a request under this paragraph. The Wisconsin works agency
15may disclose information obtained under this paragraph only in the administration
16of Wisconsin works.
AB591,40,2117 (b) The department may request from any Wisconsin works agency any
18information that the department determines appropriate and necessary for the
19overall administration of Wisconsin works. A Wisconsin works agency shall provide
20the department with the requested information in the manner prescribed by the
21department by rule.
AB591,40,2422 (c) The department may inspect at any time any Wisconsin works agency's
23records as the department determines is appropriate and necessary for the overall
24administration of Wisconsin works.
AB591,41,5
1(6) Geographical areas. The department shall determine the geographical
2area for which a Wisconsin works agency will administer Wisconsin works. Except
3in counties with a population of 500,000 or more, no geographical area may be
4smaller than one county. A geographical area may include more than one county.
5The department need not establish the geographical areas by rule.
AB591, s. 70 6Section 70. 49.145 of the statutes is created to read:
AB591,41,13 749.145 Wisconsin works; eligibility for employment positions. (1)
8General eligibility. In order to be eligible for Wisconsin works employment
9positions and job access loans for any month, an individual shall meet the eligibility
10requirements under subs. (2) and (3). The department may promulgate rules
11establishing additional eligibility criteria and specifying how eligibility criteria are
12to be administered. The department may promulgate rules establishing payment
13and reporting periods as needed to administer this subsection.
AB591,41,16 14(2) Nonfinancial eligibility requirements. An individual is eligible for a
15Wisconsin works employment position and a job access loan in a month only if all of
16the following nonfinancial eligibility requirements are met:
AB591,41,1717 (a) The individual is a custodial parent.
AB591,41,1818 (b) The individual has attained the age of 18.
AB591,41,2019 (c) The individual is a U.S. citizen or a qualifying alien, as defined by the
20department by rule.
AB591,41,2421 (d) The individual has resided in this state for at least 60 consecutive days prior
22to applying under s. 49.141 (3) and has demonstrated an intent to continue to reside
23in this state. This paragraph does not apply to a migrant worker, unless the migrant
24worker is applying for a job access loan.
AB591,42,6
1(f) The individual fully cooperates in efforts directed at establishing the
2paternity of the dependent child and obtaining support payments or any other
3payments or property to which that individual and the dependent child may have
4rights. Such cooperation shall be in accordance with federal law and regulations and
5rules promulgated by the department applicable to paternity establishment and
6collection of support payments.
AB591,42,107 (g) The individual furnishes the Wisconsin works agency with any relevant
8information that the Wisconsin works agency determines is necessary, consistent
9with rules promulgated by the department, within 7 working days after receiving a
10request for the information from the Wisconsin works agency.
AB591,42,1411 (h) The individual has made a good faith effort, as determined by the Wisconsin
12works agency on a case-by-case basis, to obtain employment and has not refused any
13bona fide offer of employment within the 180 days immediately preceding
14application.
AB591,42,1615(i) The individual is not receiving supplemental security income under 42 USC
161381
to 1383c or state supplemental payments under s. 49.77.
AB591,42,1717 (j) On the last day of the month, the individual is not participating in a strike.
AB591,42,1918 (k) The individual applies for or provides a social security account number as
19required by the department.
AB591,42,2120 (L) The individual satisfies other eligibility criteria established by the
21department.
AB591,42,2322 (m) The individual reports any change in circumstances that may affect his or
23her eligibility to the Wisconsin works agency within 10 days after the change.
AB591,43,824 (n) Beginning on the date on which the individual has attained the age of 18,
25the total number of months in which the individual has participated in the job

1opportunities and basic skills program under s. 49.193 or has participated in a
2Wisconsin works employment position or both does not exceed 60 months. The
3months need not be consecutive. Participation in the job opportunities and basic
4skills program under s. 49.193 counts toward the 60-month limit beginning on the
5effective date of this paragraph .... [revisor inserts date]. A Wisconsin works agency
6may waive the requirements under this paragraph if the Wisconsin works agency
7determines, in accordance with rules promulgated by the department, that unusual
8circumstances exist that warrant an extension of the participation period.
AB591,43,129 (p) If the individual has applied for Wisconsin works within the 180 days
10immediately preceding the current application, the individual has cooperated with
11the efforts of a Wisconsin works agency to assist the individual in obtaining
12employment.
AB591,43,1513 (q) No other individual in the Wisconsin works group is a participant in a
14Wisconsin works employment position. This paragraph does not apply to an
15individual applying for a job access loan.
AB591,43,18 16(3) Financial eligibility requirements. An individual is eligible for a
17Wisconsin works employment position and a job access loan only if all of the following
18financial eligibility requirements are met:
AB591,43,2319 (a) Resource limitations. The individual is a member of a Wisconsin works
20group whose assets do not exceed $2,500 in combined equity value. In determining
21the combined equity value of assets, the Wisconsin works agency shall exclude the
22equity value of automobiles up to a total equity value of $10,000, and one home that
23serves as the homestead for the Wisconsin works group.
AB591,44,224 (b) Income limitations. The individual is a member of a Wisconsin works group
25whose gross income is at or below 115% of the poverty line. In calculating gross

1income under this paragraph, the Wisconsin works agency shall include all of the
2following:
AB591,44,73 1. All earned and unearned income of the individual, except any amount
4received under section 32 of the internal revenue code, as defined in s. 71.01 (6), any
5amount received under s. 71.07 (9e), any payment made by an employer under
6section 3507 of the internal revenue code, as defined in s. 71.01 (6), and any
7assistance received under s. 49.148.
AB591,44,98 2. Child support payments received on behalf of a child who is a member of the
9Wisconsin works group.
AB591,44,1410 3. The income of a nonmarital coparent or of the individual's spouse, if the
11spouse resides in the same home as the dependent child. If the spouse is the
12stepparent of the individual's dependent child, the income of the spouse does not
13include any amount of court-ordered support actually paid for anyone who does not
14reside in the home.
AB591,44,19 15(4) Review of eligibility. A Wisconsin works agency shall periodically review
16an individual's eligibility. The individual remains eligible under sub. (3) until the
17Wisconsin works group's assets exceed the asset limits for at least 2 months or until
18the income of the Wisconsin works group is expected to exceed the income limits for
19at least 2 consecutive months.
AB591, s. 71 20Section 71. 49.146 of the statutes is created to read:
AB591,44,25 2149.146 Employer criteria. The department shall establish by rule criteria
22that an employer providing a Wisconsin works employment position must meet in
23order to employ a participant under s. 49.147 (3) to (5). An employer that does not
24meet the criteria established under this section is ineligible to receive any subsidy
25for any position provided to a participant.
AB591, s. 72
1Section 72. 49.147 of the statutes is created to read:
AB591,45,5 249.147 Wisconsin works; work programs and job access loans. (1)
3General provisions. (a) Definition. In this section, "unsubsidized employment"
4means employment for which the Wisconsin works agency provides no wage subsidy
5to the employer.
AB591,45,96 (b) Required hours. The Wisconsin works agency shall determine the
7maximum number of hours a participant may be required to work in a community
8service job or transitional placement in accordance with criteria established by the
9department by rule, not to exceed 40 hours per week.
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