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3. The individual is not in default with respect to the repayment of any previous
19job access loan or repayment of any grant or wage overpayments under this section.
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(b)
Terms. The department shall promulgate rules establishing the terms of
21any job access loan, including all of the following:
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1. The maximum and minimum loan amounts in any 12-month period.
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2. The method of loan disbursement.
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3. The terms of repayment.
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4. The interest, if any, to be paid on the loan.
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1(c)
Distribution and administration. From the appropriation under s. 20.445
2(3) (dz), the department shall distribute funds for job access loans to a Wisconsin
3works agency, which shall administer the loans in accordance with rules
4promulgated by the department.
SB359,50,75
(d)
Minor custodial parents. An individual who would be eligible for a job access
6loan under par. (a), except that the individual has not attained the age of 18, is
7eligible under this paragraph if the individual meets the following requirements:
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1. The individual is in an out-of-home placement or independent living
9arrangement supervised by an adult, as defined by the department.
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2. The individual has graduated from high school or has met the standards
11established by the secretary of education for the granting of a declaration of
12equivalency of high school graduation under s. 115.29 (4).
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3. The individual will be 18 years old within 2 months after applying for the
14job access loan.
SB359, s. 73
15Section
73. 49.148 of the statutes is created to read:
SB359,50,18
1649.148 Wisconsin works; benefits for participants in employment
17positions. (1) Benefit levels. A participant in a Wisconsin works employment
18position shall receive the following benefits:
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(a)
Trial jobs. For a participant in a trial job, minimum wage for every hour
20actually worked in the trial job and for every hour the participant engaged in
21required training activities under s. 49.147 (2) (a) 2., not to exceed 40 hours per week
22paid by the employer.
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(b)
Community service jobs. 1. For a participant in a community service job,
24a grant equal to 75% of the minimum wage computed for one month of full-time
25employment, paid biweekly on a prorated basis by the Wisconsin works agency. For
1every hour that the participant misses work without good cause, the Wisconsin
2works agency shall reduce the grant amount by an amount equal to 75% of minimum
3wage computed for one hour. Good cause shall be determined by the financial and
4employment planner in accordance with rules promulgated by the department.
SB359,51,95
2. A participant who is a custodial parent of a child who is 12 weeks old or less
6may receive a monthly grant under this paragraph equal to 75% of minimum wage
7computed for a month of full-time employment. A Wisconsin works agency may not
8require a participant under this subdivision to participate in any employment
9activities.
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(c)
Transitional placements. For a participant in a transitional placement, a
11grant equal to 70% of the minimum wage computed for one month of full-time
12employment, paid monthly by the Wisconsin works agency. For every hour that the
13participant fails to participate in any required activity without good cause, including
14any activity under s. 49.147 (5) (b) 1. a. to e., the Wisconsin works agency shall reduce
15the grant amount by an amount equal to 70% of minimum wage computed for one
16hour. No grant may be paid for a month in which the participant fails to participate
17for more than 75% of the required hours without good cause. Good cause shall be
18determined by the financial and employment planner in accordance with rules
19promulgated by the department.
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20(2) Benefit review. Notwithstanding sub. (1), the department may promulgate
21rules establishing benefit levels for participants in Wisconsin works employment
22positions that are different from those specified under sub. (1).
SB359, s. 74
23Section
74. 49.149 of the statutes is created to read:
SB359,51,25
2449.149 Wisconsin works; education and training. A Wisconsin works
25agency shall do all of the following:
SB359,52,3
1(1) Establish a referral relationship with other employment and training
2programs for participants to make use of varied education and training opportunities
3available through integrated job centers, as defined by the department by rule.
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4(2) Provide participants in a Wisconsin works employment position with
5soft-skills and life-skills training, as defined by the department by rule.
SB359,52,7
6(3) Encourage employers to make training sites available on the business site
7for participants.
SB359,52,10
8(4) Work with the department of commerce to coordinate the provision of
9training to participants in conjunction with employers eligible for the development
10zone program under subch. VI of ch. 560.
SB359, s. 75
11Section
75. 49.151 of the statutes is created to read:
SB359,52,19
1249.151 Wisconsin works; sanctions. A participant who refuses to
13participate 3 times in any Wisconsin works employment position component is
14ineligible to participate in that component.
A participant whom the Wisconsin works
15agency has determined is ineligible under this section for a particular Wisconsin
16works employment position component may be eligible to participate in any other
17Wisconsin works employment position component in which the participant has not
18refused to participate 3 times. A participant refuses to participate in a Wisconsin
19works employment position component if the participant does any of the following:
SB359,52,21
20(1) Expresses verbally or in writing to a Wisconsin works agency that he or she
21refuses to participate.
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22(2) Fails to appear for an interview with a prospective employer or, if the
23participant is in a Wisconsin works transitional placement, fails to appear for an
24assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e., without good
25cause, as determined by the Wisconsin works agency.
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1(3) Voluntarily leaves appropriate employment or training without good cause,
2as determined by the Wisconsin works agency.
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3(4) Loses employment as a result of being discharged for cause.
SB359,53,6
4(5) Demonstrates through other behavior or action, as specified by the
5department by rule, that he or she refuses to participate in a Wisconsin works
6employment position.
SB359, s. 76
7Section
76. 49.152 of the statutes is created to read:
SB359,53,15
849.152 Agency review of agency decisions. (1) Petition for review. Any
9individual whose application for Wisconsin works under s. 49.147 (1) to (5) is not
10acted upon by the Wisconsin works agency with reasonable promptness after the
11filing of the application, as defined by the department by rule, or is denied in whole
12or in part, whose benefit is modified or canceled, or who believes the award to be
13insufficient, may petition the Wisconsin works agency for a review of such action.
14Review is unavailable if the action by the Wisconsin works agency occurred more
15than 45 days prior to submission of the petition for review.
SB359,53,23
16(2) Review. (a) Upon a timely petition under sub. (1), the Wisconsin works
17agency shall give the applicant or participant reasonable notice and opportunity for
18a review. The Wisconsin works agency shall render its decision as soon as possible
19after the review and shall send a certified copy of its decision to the applicant or
20participant. The decision of the Wisconsin works agency is final, but may be revoked
21or modified as altered conditions may require. The Wisconsin works agency shall
22deny a petition for a review or shall refuse to grant relief if the petitioner does any
23of the following:
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a. Withdraws the petition in writing.
SB359,54,3
1b. Abandons the petition. Abandonment occurs if the petitioner fails to appear
2in person or by representative at a scheduled review without good cause, as defined
3by the department by rule.
SB359, s. 77
4Section
77. 49.153 of the statutes is created to read:
SB359,54,5
549.153 Wisconsin works health plan.
(1) Definitions. In this section:
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(a) "Employer-subsidized health care coverage" means health care coverage
7for which the employer pays at least 50% of the cost of coverage for the employe,
8excluding dependent coverage, or a higher percentage as determined by the
9department by rule.
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(b) "Unsubsidized employer-offered health care coverage" means health
11insurance coverage for which the employer pays less than 50% of the cost of coverage
12for the employe excluding dependent coverage.
SB359,54,17
13(2) Administration. The department of health and family services shall
14provide health services and benefits under sub. (4) to individuals who have been
15determined by a Wisconsin works agency to be eligible under sub. (3) for such services
16and benefits. The Wisconsin works agency shall provide the department of health
17and family services with a list of eligible individuals.
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18(3) Eligibility. (a)
General provisions. 1. A Wisconsin works agency shall
19determine eligibility for benefits and services under this section, in accordance with
20rules promulgated by the department of industry, labor and job development. An
21individual who applies for and receives benefits and services under this section is
22considered to have assigned to the state any rights to medical support or other
23payment of medical expenses from any other person, including rights to unpaid
24amounts accrued at the time of application for benefits and services under this
25section and any rights to support accruing during the time for which benefits and
1services under this section are provided. Eligibility for benefits and services under
2this section begins on the first day of the month in which the application is made.
SB359,55,63
2. An individual who is eligible for the health care coverage under this section
4remains eligible under this section for 12 consecutive months or until the individual
5has access to unsubsidized employer-offered health care coverage, whichever is
6later.
SB359,55,97
(b)
Wisconsin works groups. Except as provided in pars. (d) and (e), an
8individual who is a member of a Wisconsin works group is eligible for benefits and
9services under this section if all of the following conditions apply:
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1. The individual meets the criteria under s. 49.145 (2) (c), (f), (g), (i), (L) and
11(m) and resides in this state.
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2. The Wisconsin works group meets the resource limitation under s. 49.145 (3)
13(a).
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3. The gross income of the Wisconsin works group is at or below 165% of the
15poverty line, or, for a Wisconsin works group that is already receiving health care
16coverage under this section, the gross income is at or below 200% of the poverty line.
17In calculating the gross income of the Wisconsin works group, the department shall
18include income described under s. 49.145 (3) (b) 1. to 3.
SB359,55,2119
(c)
Pregnant women. Except as provided in par. (e), a pregnant woman whose
20pregnancy has been medically verified and who has no dependent children is eligible
21for benefits and services under this section if she meets the following conditions:
SB359,55,2322
1. The woman meets the criteria under s. 49.145 (2) (c), (g), (i), (L) and (m) and
23resides in this state.
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2. The woman meets the resource limitation under s. 49.145 (3) (a).
SB359,56,3
13. The gross income of the woman is at or below 165% of the poverty line. In
2calculating gross income under this subdivision, the Wisconsin works agency shall
3include income described under s. 49.145 (3) (b) 1. and 3.
SB359,56,74
(d)
Minor parents. An individual who is a custodial parent and who is under
5the age of 18, and any dependent children with respect to whom the individual is a
6custodial parent, are eligible for benefits and services under this section only if the
7individual meets any of the following conditions:
SB359,56,118
1. The individual resides with his or her custodial parent and the gross income
9of the parent does not exceed 165% of the poverty line. In calculating the gross
10income of the custodial parent, the department shall include income described under
11s. 49.145 (3) (b) 1. to 3.
SB359,56,1612
2. The individual is in a court-ordered out-of-home placement or an
13independent living arrangement supervised by an adult and the gross income of the
14individual does not exceed 165% of the poverty line. In calculating the gross income
15of the individual, the department shall include income described under s. 49.145 (3)
16(b) 1. to 3.
SB359,56,2117
(e)
Access to employer-subsidized health care coverage. An individual is eligible
18for health care coverage under this section only if the individual has not had access
19to employer-subsidized health care coverage for the 18 months immediately
20preceding application for health care coverage under this section. This paragraph
21does not apply to any of the following:
SB359,57,222
1. An individual who has lost access to employer-subsidized health care
23coverage within the 18 months immediately preceding application for health care
24coverage under this subsection because of the termination by the employer of the
25employment relationship for a reason other than misconduct on the part of the
1employe and who has not had access to employer-subsidized health care coverage
2since the termination.
SB359,57,63
2. An individual who has lost access to employer-subsidized health care
4coverage within the 18 months immediately preceding application for health care
5coverage under this subsection because of the termination by the employe of the
6employment relationship for just cause.
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3. A dependent child who has lost eligibility for employer-subsidized health
8care coverage for any reason.
SB359,57,119
(f)
Ineligibility. No individual is eligible for health care coverage under this
10section in a month in which that individual is eligible for employer-subsidized health
11care coverage.
SB359,57,18
12(4) Wisconsin works health plan. (a)
Health maintenance organization
13contract. The department of health and family services shall contract with one or
14more health maintenance organizations or other health care providers to provide
15health care services under this subsection. Each contract for the provision of health
16care services entered into by the department of health and family services under this
17subsection shall be awarded on the basis of a competitive process in accordance with
18procedures established by the department of health and family services.
SB359,57,2219
(b)
Health care services provided. 1. Except as provided in subd. 2., the
20Wisconsin works health plan shall cover the care and services required under a state
21plan for medical assistance under
42 USC 1396d and any additional care and
22services established by the department of health and family services by rule.
SB359,57,2423
2. The Wisconsin works health plan shall not cover the following goods and
24services:
SB359,57,2525
a. Nonpreventive dental care.
SB359,58,1
1b. Eyeglasses.
SB359,58,22
c. Hearing aids.
SB359,58,43
d. Home health, private duty nursing and personal care services in excess of
440 visits per year.
SB359,58,55
e. Nursing home services in excess of 30 days.
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f. Over-the-counter drugs.
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g. Treatment of nervous or mental disorders and alcoholism or other drug abuse
8problems in excess of the minimum coverage required under s. 632.89 (2).
SB359,58,149
(c)
Distribution of payments. From the appropriations under s. 20.435 (1) (b)
10and (o), the department of health and family services shall make payments to a
11health maintenance organization or other health care provider with which the
12department of health and family services has contracted under par. (a) in accordance
13with the payment schedule established by the department of health and family
14services by rule.
SB359,58,2515
(d)
Premiums. An individual who receives the Wisconsin works health plan
16shall pay to the Wisconsin works agency a monthly premium in accordance with
17criteria based on income, resources and family size and established by the
18department of industry, labor and job development by rule. The employer of a
19participant in a trial job shall deduct the premium established by the department of
20industry, labor and job development from the participant's wages and shall pay the
21premium amount withheld to the Wisconsin works agency. The Wisconsin works
22agency shall deduct the established premium on a prorated basis from the biweekly
23grant payment of a participant in a community service job and shall deduct the
24established premium from the monthly grant of a participant in a transitional
25placement.
SB359, s. 78
1Section
78. 49.155 of the statutes is created to read:
SB359,59,5
249.155 Wisconsin works; child care subsidy. (1) Eligibility. A Wisconsin
3works agency shall determine eligibility for a child care subsidy under this section.
4An individual may receive a child care subsidy under this section if the individual
5meets all of the following conditions:
SB359,59,116
(a) The individual is a custodial parent of a child who is under the age of 10,
7or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child
8who is under the age of 10, and child care services are needed in order for the
9individual to meet the school attendance requirement under s. 49.26 (1) (ge) or to
10work, seek work, or participate in any of the following activities approved by the
11Wisconsin works agency:
SB359,59,1212
1. Training provided by an employer during the regular hours of employment.
SB359,59,1413
2. Other employment skills training, as defined by the department by rule, if
14the individual meets any of the following conditions:
SB359,59,1615
a. The individual has been employed in unsubsidized employment for 9
16consecutive months and continues to be so employed.
SB359,59,1817
b. The individual has successfully participated in a trial job or community
18service job for 60 consecutive days and continues to so participate.
SB359,59,2219
(b) The individual meets the eligibility conditions under s. 49.145 (2) (c) to (g)
20and (3) (a), except that an individual may be eligible for a child care subsidy under
21this section regardless of the number of days the individual has resided in this state
22prior to applying for the child care subsidy.
SB359,60,223
(c) The individual is a member of a Wisconsin works group whose gross income
24is at or below 165% of the poverty line. In calculating the gross income of the
1Wisconsin works group, the department shall include income described under s.
249.145 (3) (b) 1. to 3.
SB359,60,43
(d) The individual satisfies other eligibility criteria established by the
4department by rule.
SB359,60,7
5(2) Distribution of child care funds. From the appropriation under s. 20.445
6(3 (dz), the department shall distribute funds allocated for child care services under
7this section.
SB359,60,14
8(3) Use of child care funds. (a) A Wisconsin works agency may provide child
9care services itself; purchase child care services from a child care provider; provide
10vouchers to an eligible parent for the payment of child care services provided by a
11child care provider; reimburse an eligible parent for payments made by the parent
12to a child care provider for child care services; adopt, with the approval of the
13department, any other arrangement that the Wisconsin works agency considers
14appropriate; or use any combination of these methods to provide child care.
SB359,60,1815
(b) With the approval of the department, a Wisconsin works agency may spend
16moneys distributed under this section for start-up, improvement or expansion of
17child care services or facilities or for the recruitment, education or training of persons
18providing child care.
SB359,60,22
19(4) Choice of provider. An eligible individual shall choose whether the child
20care will be provided by a day care provider licensed under s. 48.65, a day care
21provider certified under s. 48.651, or a provider of provisional certified family care,
22as defined by the department by rule.
SB359,61,2
23(5) Liability for payment. An individual who receives aid under this section
24is liable for a portion of the cost of child care received, payable in accordance with a
1sliding scale formula established by the department that is based on the individual's
2ability to pay.
SB359,61,7
3(6) Child care rates and quality standards. (a) The department shall
4establish the maximum rate that a Wisconsin works agency may pay for child care
5services provided under this section. The department shall set the rate at a
6reasonable and customary level that does not preclude eligible individuals from
7having a reasonable selection of child care providers.
SB359,61,168
(b) 1. The department shall promulgate rules to establish quality of care
9standards for child care providers that are higher than the quality of care standards
10required for licensure under s. 48.65 or for certification under s. 48.651. The
11standards established by rules promulgated under this subdivision shall consist of
12the standards provided for the accreditation of day care centers by the National
13Association for the Education of Young Children or any other comparable standards
14that the department may establish, including standards regarding the turnover of
15child care provider staff and the training and benefits provided for child care
16provider staff.
SB359,61,2217
2. To the extent permitted under federal law, the department shall also
18promulgate rules to establish a system of rates or a program of grants that the
19department will pay to child care providers that meet the higher quality of care
20standards established by rules promulgated under subd. 1. If a system of rates is
21established by the rules promulgated under this subdivision, the rates under that
22system shall be higher than the rates established under par. (a).