49.161 49.161 Wisconsin works; overpayments.
49.161(1) (1) Trial employment match program jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives benefits paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.
49.161(2) (2)Community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) or (c) from an individual who continues to receive benefits under s. 49.148 (1) (b)and (c) by reducing the amount of the individual's benefit payment by no more than 10%.
49.161(3) (3)Overpayments caused by intentional program violations. If an overpayment under sub. (1) or (2) is the result of an intentional violation of ss. 49.141 to 49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under s. 49.148 (1) (a), (b) or (c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
49.161(3)(a) (a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.
49.161(3)(b) (b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
49.161(3)(c) (c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.
49.161(3)(d) (d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.
49.161 History History: 1995 a. 289; 1997 a. 27; 1999 a. 9; 2013 a. 20.
49.161 Cross-reference Cross-reference: See also s. DCF 101.23, Wis. adm. code.
49.162 49.162 Substance abuse screening and testing for certain work experience programs.
49.162(1) (1) In this section:
49.162(1)(a) (a) "Administering agency" means the department or an agency with which the department contracts to administer a program.
49.162(1)(b) (b) "Controlled substance" has the meaning given in s. 961.01 (4).
49.162(1)(c) (c) "Program" means any of the following:
49.162(1)(c)1. 1. Services and benefits under s. 49.159 (1) (b).
49.162(1)(c)2. 2. The Transform Milwaukee Jobs program or the Transitional Jobs program under s. 49.163.
49.162(1)(c)3. 3. A work experience and job training program under s. 49.36.
49.162(2) (2) Beginning on the effective date of the rules promulgated under sub. (7), or on the effective date of the emergency rules promulgated under 2015 Wisconsin Act 55, section 9106 (2c), whichever is earlier, in order to participate in a program, an individual who applies to participate in a program or who registers for a program under sub. (1) (c) 3., shall complete a controlled substance abuse screening questionnaire. If, on the basis of answers to the questionnaire, the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for a program is abusing a controlled substance, the administering agency shall require the individual to undergo a test for the use of a controlled substance. If the individual refuses to submit to a test, the individual is not eligible to participate in a program until the individual complies with the requirement to undergo a test for the use of a controlled substance.
49.162(3) (3) If an individual who undergoes a test under sub. (2) tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse testing requirements under this section.
49.162(4) (4)
49.162(4)(a)(a) If an individual who undergoes a test under sub. (2) tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), the administering agency shall require the individual to participate in substance abuse treatment to remain eligible to participate in a program. If the individual refuses to participate in substance abuse treatment, the individual is not eligible to participate in a program until the individual complies with the requirement to participate in substance abuse treatment.
49.162(4)(b) (b) During the time that an individual is receiving substance abuse treatment under par. (a), the administering agency shall require the individual to undergo random testing for the use of a controlled substance. For the individual to remain eligible for a program, the individual must cooperate with the testing and the results of the tests must be negative or, if any results are positive, the individual must present evidence of a valid prescription as described in sub. (3). If the results of any test during treatment are positive for the use of a controlled substance and the individual does not present evidence of a valid prescription for the controlled substance, the individual shall have the opportunity to begin the treatment again one time, as determined by the administering agency. If the individual begins the substance abuse treatment again, he or she shall remain eligible for a program as long as the results of all tests for the use of a controlled substance during the subsequent treatment are negative for the use of a controlled substance or, if any results are positive, the individual presents evidence of a valid prescription for the controlled substance.
49.162(4)(c) (c) If an individual receiving treatment under par. (b) completes treatment and, at the conclusion of the treatment, tests negative for the use of a controlled substance or presents evidence of a valid prescription for any controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse testing requirements under this section.
49.162(5) (5) The department shall manage the costs and reinvest the savings under this section, and shall work with the administering agency, if different from the department, to manage the costs and reinvest the savings.
49.162(6) (6) From the appropriation under s. 20.437 (2) (em), the department shall pay substance abuse treatment costs under this section that are not otherwise covered by medical assistance under subch. IV, private insurance, or another type of coverage. If treatment costs payable by the department exceed the moneys available under s. 20.437 (2) (em), the department shall request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.
49.162(7) (7) The department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements under this section.
49.162 History History: 2015 a. 55.
49.163 49.163 Transform Milwaukee Jobs program and Transitional Jobs program.
49.163(1) (1) Definitions. In this section:
49.163(1)(am) (am) "Program" means the Transform Milwaukee Jobs program, or the Transitional Jobs program, under this section.
49.163(1)(aw) (aw) "Wisconsin Works" has the meaning given in s. 49.141 (1) (p).
49.163(1)(b) (b) "Wisconsin Works employment position" has the meaning given in s. 49.141 (1) (r).
49.163(2) (2)Eligibility for program.
49.163(2)(a)(a) The department shall establish a Transform Milwaukee Jobs program in Milwaukee County and, if funding is available, may establish a Transitional Jobs program outside of Milwaukee County. To the extent of available funds, the department shall conduct the Transitional Jobs program, if established, in one or more geographic areas in the state that are not in Milwaukee County. In selecting the geographic area or areas in which to conduct the Transitional Jobs program, the department shall give priority to those areas with relatively high rates of unemployment and childhood poverty and to other areas with special needs that the department determines should be given priority.
49.163(2)(am) (am) To be eligible to participate in the program, an individual must satisfy all of the following criteria:
49.163(2)(am)1. 1. Be at least 18 years of age.
49.163(2)(am)2. 2. If over 24 years of age, be a biological or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.
49.163(2)(am)3. 3. Have an annual household income that is below 150 percent of the poverty line.
49.163(2)(am)4. 4. Be unemployed for at least 4 weeks.
49.163(2)(am)5. 5. Be ineligible to receive unemployment insurance benefits.
49.163(2)(am)6. 6. Not be participating in a Wisconsin Works employment position.
49.163(2)(am)7. 7. Satisfy all of the requirements related to substance abuse screening, testing, and treatment under s. 49.162 that apply to the individual.
49.163(2)(b) (b) For purposes of par. (am) 3., the household income of an individual transitioning from foster care to independent living shall be based on the individual's own income over a period determined by the department and shall not include the household income of the individual's foster parents.
49.163(2)(c) (c) The department may establish additional eligibility criteria consistent with its mission and the funding available.
49.163(3) (3)Program description.
49.163(3)(a)(a) The program under this section shall include all of the following features and requirements:
49.163(3)(a)1. 1. An individual may participate in the program for a maximum of 1,040 hours actually worked.
49.163(3)(a)2. 2. The department shall determine and specify in a contract whether a contractor under sub. (4) or an employer is the individual's employer of record. The employer of record shall pay the individual for hours actually worked at not less than the federal or state minimum wage that applies to the individual.
49.163(3)(a)3. 3. The department may reimburse an employer, or a contractor under sub. (4), that employs an individual participating in the program for a minimum of 20 hours per week at a location in this state for any of the following costs that are attributable to the employment of the individual under the program:
49.163(3)(a)3.a. a. A wage subsidy that is equal to an amount negotiated between the department and the employer or contractor, that is paid for each hour the individual actually worked, not to exceed 40 hours per week, and that is not more than the federal or state minimum wage that applies to the individual.
49.163(3)(a)3.b. b. Federal social security and Medicare taxes.
49.163(3)(a)3.c. c. State and federal unemployment insurance contributions or taxes, if any.
49.163(3)(a)3.d. d. Worker's compensation insurance premiums, if any.
49.163(3)(a)4. 4. An employer, or, subject to the approval of the department, a contractor under sub. (4), that employs an individual participating in the program may pay the individual an amount that exceeds any wage subsidy paid to the employer or contractor by the department under subd. 3. a., except that the employer or contractor must pay the individual at least minimum wage.
49.163(3)(a)5. 5. The employment of an individual under this section may not do any of the following:
49.163(3)(a)5.a. a. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under this section.
49.163(3)(a)5.b. b. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
49.163(3)(a)5.c. c. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
49.163(3)(b) (b) The department may set priorities for the program consistent with its mission and available funding.
49.163(4) (4)Contract for administration. The department may contract with any person to administer the program under this section, including a Wisconsin Works agency; county department under s. 46.215, 46.22, or 46.23; local workforce development board established under 29 USC 2832; or community action agency under s. 49.265. The department, or the agency or agencies with which the department contracts under this subsection, shall do all of the following:
49.163(4)(a) (a) Determine the eligibility of applicants for the program.
49.163(4)(b) (b) Provide, or identify employers to provide, jobs for individuals transitioning to unsubsidized employment from unemployment, underemployment, limited work history, foster care, or other circumstances identified by the department.
49.163(4)(c) (c) Conduct job orientation activities.
49.163(4)(d) (d) Provide employment services, as specified by the department, for program participants.
49.163(4)(e) (e) Maintain and update participant demographic, eligibility, and employment records in the manner required by the department.
49.163(5) (5)Recovery of overpayments.
49.163(5)(a)(a) The department may recover from any individual participating, or who has participated, in the program under this section any overpayment resulting from a misrepresentation by the individual as to any criterion for eligibility under sub. (2) (am).
49.163(5)(b) (b) The department shall recover from a contractor under sub. (4) any overpayment resulting from the failure of the contractor to comply with the terms of the contract or to meet performance standards established by the department.
49.163(6) (6)Rules not required. Notwithstanding s. 227.10 (1), the department need not promulgate regulations, standards, or policies related to implementing or administering the program under this section as rules under ch. 227.
49.163 History History: 2013 a. 20, 113; 2013 a. 151 s. 27; 2015 a. 55.
49.1635 49.1635 Wisconsin Trust Account Foundation.
49.1635(1) (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.
49.1635(2) (2) The department may not distribute funds under sub. (1) until the Wisconsin Trust Account Foundation reports to the department the amount received by the Wisconsin Trust Account Foundation in private donations.
49.1635(3) (3) If the Wisconsin Trust Account Foundation receives funds under sub. (1), it shall do all of the following:
49.1635(3)(a) (a) Develop a separate account for the funds distributed under sub. (1).
49.1635(3)(b) (b) Require each organization to which the Wisconsin Trust Account Foundation distributes funds received under sub. (1) to match 100% of the amount distributed to that organization that is attributable to the funds received by the Wisconsin Trust Account Foundation under sub. (1).
49.1635(3)(c) (c) Annually, prepare a report for distribution to the joint committee on finance that specifies the organizations that received funding under this section.
49.1635(4) (4) Not more than 10% of the total funds received by the Wisconsin Trust Account Foundation may be used for administration.
49.1635 History History: 1999 a. 9; 2003 a. 33; 2007 a. 20.
49.165 49.165 Domestic abuse grants.
49.165(1) (1) Definitions. In this section:
49.165(1)(a) (a) "Domestic abuse" means physical abuse, including a violation of s. 940.225 (1), (2) or (3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
49.165(1)(b) (b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.
49.165(1)(c) (c) "Household member" means a person currently or formerly residing in a place of abode with another person.
49.165(1)(d) (d) "Organization" means a nonprofit corporation or a public agency that provides or proposes to provide any of the following domestic abuse services:
49.165(1)(d)1. 1. Shelter facilities or private home shelter care.
49.165(1)(d)2. 2. Advocacy and counseling for victims.
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 60 and all Supreme Court Orders entered before August 26, 2015. Published and certified under s. 35.18. Changes effective after August 26, 2015 are designated by NOTES. (Published 8-26-15)