Amendment ASA2-AB591

AB591-ASA2,52,18 49.146 Employer criteria. The department shall establish by rule criteria that an employer providing a Wisconsin works employment position must meet in order to employ a participant under s. 49.147 (3) to (5). An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.

AB591-ASA2, s. 88 Section 88. 49.147 of the statutes is created to read:

AB591-ASA2,52,23 49.147 Wisconsin works; work programs and job access loans. (1) General provisions. (a) Definition. In this section, "unsubsidized employment" means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.

AB591-ASA2,53,2 (b) Required hours. The Wisconsin works agency shall determine the maximum number of hours a participant may be required to work in a community service job or transitional placement in accordance with criteria established by the department by rule, not to exceed 40 hours per week.

AB591-ASA2,53,10 (2) Unsubsidized employment. (a) Job search, orientation and training activities. 1. An individual who applies for a Wisconsin works employment position may be required by the Wisconsin works agency to search for unsubsidized employment during the period that his or her application is being processed as a condition of eligibility. A participant in a Wisconsin works employment position shall search for unsubsidized employment throughout his or her participation. The department shall define by rule satisfactory search efforts for unsubsidized employment.

AB591-ASA2,53,16 2. A Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation during the period that his or her application is being processed as a condition of eligibility. A Wisconsin works agency may require a participant in a Wisconsin works employment position to engage in training activities in accordance with rules promulgated by the department as part of the participant's participation requirements.

AB591-ASA2,53,20 (b) Job search assistance. A Wisconsin works agency shall assist a participant in his or her search for unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in unsubsidized employment over placements under subs. (3) to (5).

AB591-ASA2,54,14 (3) Trial jobs. (a) Administration. A Wisconsin works agency shall administer a trial job program as part of its administration of the Wisconsin works program to improve the employability of individuals who are not otherwise able to obtain unsubsidized employment, as determined by the Wisconsin works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement under this subsection over placements under subs. (4) and (5). The Wisconsin works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employe after the wage subsidy is terminated. The department shall promulgate rules establishing standards which must be met in order for an employer to demonstrate a good faith effort to retain the participant as a permanent employe. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours which would be required for full-time employment in that month.

AB591-ASA2,54,17 (am) Education or training activities. A trial job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment.

AB591-ASA2,54,19 (b) Worker's compensation. The employer shall provide the participant with worker's compensation coverage.

AB591-ASA2,55,5 (c) Time-limited participation. A participant under this subsection may participate in a trial job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin works agency. A participant may participate in more than one trial job, 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 of the 24-month limit on a case-by-case basis if the participant 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 job opportunity for that participant, as determined by a Wisconsin works agency and approved by the department.

AB591-ASA2,55,19 (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 individuals who are not otherwise able to obtain employment, as determined by the Wisconsin works agency, by providing work experience and training to assist them 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 placements 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 from such projects. After each 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.

AB591-ASA2,55,23 (am) Education or training activities. A community service job includes education and training activities, if the education or training is related to the community service job placement and if the education or training is expected to result in unsubsidized employment.

AB591-ASA2,56,12 (b) Time-limited participation. An individual may participate in a 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, 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.

AB591-ASA2,56,16 (c) Worker's compensation. A participant under this subsection 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 agrees to provide worker's compensation coverage.

AB591-ASA2,56,20 (5) Transitional placement. (a) Additional eligibility criteria. An individual is eligible to participate in a transitional placement under this subsection if, in addition to meeting the eligibility requirements under s. 49.145, any of the following conditions is met with respect to the individual:

AB591-ASA2,56,24 1. The Wisconsin works agency determines, on the basis of an independent assessment by the division of vocational rehabilitation or similar agency or business, that the individual has been incapacitated, or will be incapacitated, for a period of at least 60 days.

AB591-ASA2,57,3 2. The Wisconsin works agency determines that the individual is needed in the home because of the illness or incapacity of another member of the Wisconsin works group.

AB591-ASA2,57,5 3. The Wisconsin works agency determines that the individual is incapable of performing a trial job or community service job.

AB591-ASA2,57,10 (b) Administration. 1. The Wisconsin works agency shall assign a participant under this subsection to work activities such as a community rehabilitation program, as defined by the department, a job similar to a community service job or a volunteer activity. A Wisconsin works agency may require a participant under this subsection to participate in any of the following:

AB591-ASA2,57,12 a. An alcohol and other drug abuse evaluation, assessment and treatment program.

AB591-ASA2,57,13 c. Mental health activities, as defined by the department by rule.

AB591-ASA2,57,14 d. Counseling or physical rehabilitation activities.

AB591-ASA2,57,16 e. Other activities that the Wisconsin works agency determines are consistent with the capabilities of the individual.

AB591-ASA2,57,20 2. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case-by-case basis by the department or by the Wisconsin works agency with the approval of the department.

AB591-ASA2,57,23 (bm) Education or training activities. Work activities under a transitional placement include education or training activities assigned by the Wisconsin works agency as part of a self-sufficiency plan.

AB591-ASA2,58,2 (c) Worker's compensation. A participant under this subsection 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 agrees to provide worker's compensation coverage.

AB591-ASA2,58,5 (6) Job access loan. (a) Additional eligibility criteria. An individual is eligible to receive a job access loan if, in addition to meeting the eligibility requirements under s. 49.145, all of the following conditions are met with respect to the individual:

AB591-ASA2,58,8 1. The individual needs the loan to address an immediate and discrete financial crisis. The crisis may not be the result of the individual's failure to accept a bona fide offer of employment or the individual's termination of a job without good cause.

AB591-ASA2,58,9 2. The individual needs the loan to obtain or continue employment.

AB591-ASA2,58,11 3. The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or wage overpayments under this section.

AB591-ASA2,58,12 4. The individual is not a migrant worker.

AB591-ASA2,58,14 (b) Terms. The department shall promulgate rules establishing the terms of any job access loan, including all of the following:

AB591-ASA2,58,15 1. The maximum and minimum loan amounts in any 12-month period.

AB591-ASA2,58,16 2. The method of loan disbursement.

AB591-ASA2,58,17 3. The terms and conditions of repayment.

AB591-ASA2,58,21 (c) Distribution and administration. From the appropriation under s. 20.445 (3) (dz), 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.

AB591-ASA2,58,24 (d) Minor custodial parents. An individual who would be eligible for a job access loan under par. (a), except that the individual has not attained the age of 18, is eligible under this paragraph if the individual meets the following requirements:

AB591-ASA2,59,2 1. The individual is in an out-of-home placement or independent living arrangement supervised by an adult, as defined by the department.

AB591-ASA2,59,5 2. The individual has graduated from high school or has met the standards established by the secretary of education for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4).

AB591-ASA2,59,7 3. The individual will be 18 years old within 2 months after applying for the job access loan.

AB591-ASA2, s. 89 Section 89. 49.148 of the statutes is created to read:

AB591-ASA2,59,11 49.148 Wisconsin works; benefits for participants in employment positions. (1) Benefit levels. A participant in a Wisconsin works employment position shall receive the following benefits:

AB591-ASA2,59,17 (a) Trial jobs. For a participant in a trial job, the amount established in the contract between the Wisconsin works agency and the trial job employer, but not less than minimum wage for every hour actually worked in the trial job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. 49.147 (3) (am) shall be included in determining the number of hours actually worked.

AB591-ASA2,59,24 (b) Community service jobs. 1. For a participant in a community service job, a monthly grant equal to 75% of the minimum wage computed for one month of full-time employment, paid by the Wisconsin works agency. For every hour that the participant misses work without good cause, the Wisconsin works agency shall reduce the grant amount by an amount equal to 75% of minimum wage computed for one hour. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department.

AB591-ASA2,60,5 2. A participant who is a custodial parent of a child who is 12 weeks old or less may receive a monthly grant under this paragraph equal to 75% of the minimum wage computed for a month of full-time employment. A Wisconsin works agency may not require a participant under this subdivision to participate in any employment activities.

AB591-ASA2,60,15 (c) Transitional placements. For a participant in a transitional placement, a grant equal to 70% of the minimum wage computed for one month of full-time employment, paid monthly by the Wisconsin 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., the Wisconsin works agency shall reduce the grant amount by an amount equal to 70% of minimum wage computed for one hour. No grant may be paid for a month in which the participant participates less than 25% of the required hours without good cause. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department.

AB591-ASA2,60,18 (2) Benefit review. Notwithstanding sub. (1), the department may promulgate rules establishing benefit levels for participants in Wisconsin works employment positions that are different from those specified under sub. (1).

AB591-ASA2,60,22 (3) Wisconsin works health plan. A participant in a Wisconsin works employment position shall participate in the Wisconsin works health plan under s. 49.153. The participant shall pay a premium in an amount and in the manner established under s. 49.153 (4) (d).

AB591-ASA2, s. 90 Section 90. 49.149 of the statutes is created to read:

AB591-ASA2,60,25 49.149 Wisconsin works; education and training. A Wisconsin works agency shall do all of the following:

AB591-ASA2,61,3 (1) Establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule.

AB591-ASA2,61,5 (2) Provide participants in a Wisconsin works employment position with soft-skills and life-skills training, as defined by the department by rule.

AB591-ASA2,61,7 (3) Encourage employers to make training sites available on the business site for participants.

AB591-ASA2,61,10 (4) Work with the department of commerce to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch. VI of ch. 560.

AB591-ASA2, s. 91 Section 91. 49.151 of the statutes is created to read:

AB591-ASA2,61,20 49.151 Wisconsin works; sanctions. (1) Refusal to participate. A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. 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 any of the following:

AB591-ASA2,61,22 (a) Expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.

AB591-ASA2,62,2 (b) Fails to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, 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.

AB591-ASA2,62,4 (c) Voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.

AB591-ASA2,62,5 (d) Loses employment as a result of being discharged for cause.

AB591-ASA2,62,8 (e) Demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.

AB591-ASA2,62,16 (2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under ss. 49.141 to 49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in ss. 49.141 to 49.161 or any rule promulgated under those sections, the Wisconsin works agency may permanently deny benefits under ss. 49.141 to 49.161 to the individual.

AB591-ASA2, s. 92 Section 92. 49.152 of the statutes is created to read:

AB591-ASA2,62,25 49.152 Review of agency decisions. (1) Petition for review. Any individual whose application for Wisconsin works under s. 49.147 (1) to (5) is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.

AB591-ASA2,63,6 (2) Review. (a) Upon a timely petition under sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send a certified copy of its decision to the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

AB591-ASA2,63,7 1. Withdraws the petition in writing.

AB591-ASA2,63,10 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

AB591-ASA2,63,12 (b) The department may review a decision of a Wisconsin works agency under par. (a) if any of the following occurs:

AB591-ASA2,63,14 1. Within 15 days of receiving the decision of the Wisconsin works agency the applicant or participant petitions the department for a review of that decision.

AB591-ASA2,63,16 2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.

AB591-ASA2, s. 93 Section 93. 49.153 of the statutes is created to read:

AB591-ASA2,63,18 49.153 Wisconsin works health plan. (1) Definitions. In this section:

AB591-ASA2,63,22 (a) "Employer-subsidized health care coverage" means health care coverage offered by the employer for which the employer pays at least 50% of the cost of coverage for the employe, including dependent coverage, or a higher percentage as determined by the department by rule.

AB591-ASA2,63,25 (b) "Unsubsidized employer-offered health care coverage" means health care coverage offered by the employer for which the employer pays less than 50% of the cost of coverage for the employe including dependent coverage.

AB591-ASA2,64,5 (2) Administration. The department of health and family services shall provide health services and benefits under sub. (4) to individuals who have been determined by a Wisconsin works agency to be eligible under sub. (3) for such services and benefits. The Wisconsin works agency shall provide the department of health and family services with a list of eligible individuals.

AB591-ASA2,64,17 (3) Eligibility. (a) General provisions. 1. A Wisconsin works agency shall determine eligibility for benefits and services under this section, in accordance with rules promulgated by the department of health and family services in consultation with the department of industry, labor and job development. An individual who applies for and receives benefits and services under this section is considered to have assigned to the state any rights to medical support or other payment of medical expenses from any other person, including rights to unpaid amounts accrued at the time of application for benefits and services under this section and any rights to support accruing during the time for which benefits and services under this section are provided. Eligibility for benefits and services under this section begins on the day on which the department of health and family services or the provider issues a health plan membership card.

AB591-ASA2,64,21 2. Except as provided in subd. 3. and pars. (em) and (f), an individual who is eligible for the health care coverage under this section remains eligible under this section for 12 consecutive months or until the individual has access to unsubsidized employer-offered health care coverage, whichever is later.

AB591-ASA2,64,24 3. A Wisconsin works agency shall periodically review an individual's eligibility. The individual remains eligible for benefits and services under this section until any of the following applies:

AB591-ASA2,65,3 a. The assets of the individual or, if the individual is a member of a Wisconsin works group, the assets of the Wisconsin works group of which the individual is a member, exceed the asset limits for at least 2 months.

AB591-ASA2,65,6 b. The income of the individual, or, if the individual is a member of a Wisconsin works group, the income of the Wisconsin works group of which the individual is a member, is expected to exceed the income limits for at least 2 consecutive months.

AB591-ASA2,65,9 (b) Wisconsin works groups. Except as provided in pars. (d) and (e), an individual who is a member of a Wisconsin works group is eligible for benefits and services under this section if all of the following conditions apply:

AB591-ASA2,65,11 1. The individual meets the criteria under s. 49.145 (2) (c), (f), (g), (i), (L) and (m) and resides in this state.

AB591-ASA2,65,12 2. The Wisconsin works group meets the asset limitation under s. 49.145 (3) (a).

AB591-ASA2,65,17 3. The gross income of the Wisconsin works group is at or below 165% of the poverty line, or, for a Wisconsin works group that is already receiving health care coverage under this section, the gross income is at or below 200% of the poverty line. In calculating the gross income of the Wisconsin works group, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.

AB591-ASA2,65,20 (c) Pregnant women. Except as provided in par. (e), a pregnant woman whose pregnancy has been medically verified and who has no dependent children is eligible for benefits and services under this section if she meets the following conditions:

AB591-ASA2,65,22 1. The woman meets the criteria under s. 49.145 (2) (c), (g), (i), (L) and (m) and resides in this state.

AB591-ASA2,65,23 2. The woman meets the asset limitation under s. 49.145 (3) (a).

AB591-ASA2,66,3 3. The gross income of the woman is at or below 165% of the poverty line. In calculating gross income under this subdivision, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.