Eligibility
An individual is eligible to participate in the Wisconsin works employment,
training and job access loan components, described below, if the individual has lived
in this state for at least 60 consecutive days before applying for Wisconsin works; is
the custodial parent of a dependent child; is at least 18 years old, with certain
exceptions; is a member of a Wisconsin works group whose total income does not
exceed 115% of the federal poverty line; is a member of a Wisconsin works group
whose assets do not exceed $2,500; and meets certain other nonfinancial eligibility
requirements. With certain exceptions, an individual may not participate in the
Wisconsin works employment component for more than 60 months which need not
be consecutive. Participation in the job opportunities and basic skills program
(JOBS) after the date on which this bill becomes law counts toward the 60-month
limit. JOBS is the current employment and training program for AFDC recipients.
A Wisconsin works agency may require an individual who applies for a trial job,
community service job or transitional placement (employment position), described
below, to participate in job orientation and job search activities while his or her
application is being processed. When determining the appropriate placement for a
participant, the Wisconsin works agency must give priority to placement of the
participant in an unsubsidized job over placement in an employment position. A
Wisconsin works agency may require a participant in an employment position to
engage in training and job search activities as part of the participant's participation
requirement.
Trial jobs
If the Wisconsin works agency determines that it cannot place an individual in
an unsubsidized job, the agency may place the individual in a partially subsidized
work placement, called a trial job. The individual may participate in any one trial
job for a maximum of 6 months, with the opportunity for a 3-month extension under
certain circumstances. An individual may participate in the trial job component for
a maximum of 2 years, which may be extended if the Wisconsin works agency
determines that local labor market conditions preclude a reasonable job opportunity
in an unsubsidized job.
Under this component, the individual is considered an employe of the employer
for purposes of worker's compensation coverage and receives minimum wage for each
hour actually worked, not to exceed 40 hours per week.
Community service jobs
If the Wisconsin works agency determines that an individual is unable to obtain
unsubsidized employment, and that a trial job is unavailable or inappropriate, the
Wisconsin works agency may place the individual in a community service job. The
community service job is one that DILJD determines would serve a useful public
purpose or the cost of which is at least partially offset by the revenue generated by
it. An individual may participate in any one community service job for a maximum
of 6 months, with the opportunity for a 3-month extension under certain
circumstances. An individual may participate in the community service job
component for a maximum of 2 years, which may be extended if the Wisconsin works
agency determines that local labor market conditions preclude a reasonable job
opportunity in an unsubsidized job.
Under this component, the individual receives a grant equal to 75% of the
minimum wage computed for one month of full-time employment. The grant is paid
biweekly on a prorated basis. The Wisconsin works agency determines the number
of hours the individual will be required to work, not to exceed 40 hours per week,
based on criteria established by DILJD. For every hour that the individual fails to
participate, his or her grant is reduced by an amount equal to 75% of the minimum
wage computed for one hour.
Transitional placement
If the Wisconsin works agency determines that an individual has been
incapacitated for a period of at least 60 days, is needed in the home because of the
illness or incapacity of any other member of the Wisconsin works group or is
incapable of performing a trial job or community service job, the Wisconsin works
agency may place that individual in a transitional placement. The Wisconsin works
agency is required to assign an individual participating in a transitional placement
to a work activity. The Wisconsin works agency may require an individual
participating in this component to participate in training or education programs;
volunteer activities; counseling or physical rehabilitation activities; or alcohol and
other drug abuse evaluation, assessment and treatment. An individual may
participate in the transitional placement component for a maximum of 2 years,
which may be extended under certain circumstances.
Under this component, the individual receives a monthly grant equal to 70% of
the minimum wage computed for one month of full-time employment. The
Wisconsin works agency determines the number of hours the individual will be
required to work, not to exceed 40 hours per week, based on criteria established by
DILJD. For every hour that the individual fails to participate, his or her grant is
reduced by an amount equal to 70% of the minimum wage computed for one hour.
Job access loans
The bill permits individuals who meet the financial and nonfinancial eligibility
criteria to receive a job access loan if the loan is needed to address an immediate and
discrete financial crisis and the loan is needed to obtain or continue employment.
The financial 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.
To receive the loan, the individual may not be in default with respect to any previous
job access loan or repayment of any wage or grant overpayment. Under the bill,
under certain conditions, a custodial parent who is under the age of 18 may obtain
a job access loan if he or she will be 18 within 2 months of applying for the loan.
Sanctions
An individual who refuses to participate 3 times in any Wisconsin works
employment component is ineligible to participate in that component. The bill
specifies several actions for which a person is considered to refuse to participate,
including failing to appear for an interview, voluntarily leaving employment without
good cause and losing employment as a result of being discharged for cause.
Supplemental security income
A custodial parent who receives supplemental security income is not eligible to
participate in a Wisconsin works employment position. He or she is instead eligible
to receive an additional $77 per month for each dependent child with respect to whom
he or she is a custodial parent.
Health care coverage
Medical assistance
Under current federal law, states are required to provide health care coverage
to persons who receive AFDC under the medical assistance (MA) program. In
addition, states must provide MA to individuals who meet the requirements of AFDC
but who do not actually receive AFDC. Pregnant women are eligible for MA if they
meet the income and resource requirements of AFDC. Persons who are no longer
eligible for AFDC payments because of an increase in their income are eligible for MA
for 12 months after they lose eligibility for AFDC. Finally, children covered by
adoption assistance agreements and children in foster care are eligible for MA.
Certain other persons who are known as optional categorically eligible are covered
by MA in this state. They include children who are under age 18 who would be
eligible for AFDC if they met the definition of dependent child, but who are in
privately subsidized foster care or live in institutions; and certain other children and
pregnant women who meet certain income requirements.
Health care coverage under Wisconsin works
Under this bill, persons described above will no longer be eligible for MA.
Instead, they are eligible for health care coverage under Wisconsin works, if they
meet the income and resource limitations.
A Wisconsin works group (which includes an individual, the dependent
children of the individual, the dependent children of the individual's dependent
children, the individual's spouse, if the spouse lives with the individual, or the
nonmarital parent of the dependent children, if that person lives with the individual)
is eligible for health care benefits and services if the income of the group is at or below
165% of the federal poverty line, the group meets certain asset limitations and the
individuals of the group meet certain nonfinancial criteria. If the group is already
receiving benefits under the health care provisions, the group may continue to
receive the benefits if the income of the group is at or below 200% of the federal
poverty line. A person in the group who receives supplemental security income is
eligible for MA, rather than coverage under Wisconsin works.
A pregnant woman with no dependent children is eligible for health care
benefits and services if her income is at or below 165% of the federal poverty line and
if she meets certain asset and nonfinancial criteria.
A custodial parent who is under the age of 18 (minor) and the minor's dependent
children are eligible for health care benefits and services only if the minor meets
either of the following criteria:
1. The minor lives with his or her custodial parent and the income of that parent
is at or below 165% of the federal poverty line.
2. The minor is in a court-ordered out-of-home placement or a supported
living arrangement supervised by an adult and has an income of 165% of the federal
poverty line.
If the child of a minor does not live with the minor, but lives with a relative who
is eligible for payments under the kinship care program (described below) with
respect to that child, the child is eligible for MA, rather than health coverage under
Wisconsin works.
Health plan
Under the bill, DHFS is required to contract with a health maintenance
organization (HMO) or other health provider to provide services under the Wisconsin
works health plan. The health plan includes coverage of the care and services
required under current federal law under the MA provisions. The health care plan
does not include the following:
1. Nonpreventive dental care.
2. Eyeglasses.
3. Hearing aids.
4. Home health, private duty nursing and personal care services in excess of
40 visits per year.
5. Nursing home services in excess of 30 days.
6. Over-the-counter drugs.
7. Treatment of nervous or mental disorders and alcoholism or other drug abuse
problems in excess of the minimum coverage required under current law.
8. Other nonmanditory services currently covered by MA.
Individuals are required to pay a monthly premium for the Wisconsin works
health plan in accordance with criteria established by DILJD and based on income,
resources and family size.
No individual is eligible for health care coverage under Wisconsin works in a
month that the individual is eligible for employer-subsidized health care coverage.
Employer-subsidized health care coverage is coverage for which the employer pays
at least 50% of the cost of coverage for the employe, excluding dependent coverage.
To be eligible for health care coverage under Wisconsin works, the individual
may not have had access to employer-subsidized health care coverage within the 18
months immediately preceding application for health care coverage under Wisconsin
works, unless the individual lost access to the employer-subsidized health care
coverage because the employer terminated the employment for a reason other than
misconduct on the part of the employe or the employe terminated the employment
for just cause.
Child care subsidy
Low-income and at-risk child care; current law
Under current law, a parent who needs child care for a child under 13 years of
age to be able to work, who is not receiving AFDC and who is at risk of becoming
eligible for AFDC, is eligible for a subsidy for child care. A parent who receives the
subsidy is liable for some portion of the cost of the child care received, payable on a
sliding scale determined by DHSS. A parent who receives AFDC is also eligible for
a child care subsidy if the cost of the child care exceeds the income disregard for child
care. Finally, a parent who is gainfully employed who needs child care services and
whose family income is not more than 75% of the state's median income is eligible
for a child care subsidy and, if the parent's income is at least 50% of the state's median
income, is liable for a portion of the child care costs. Currently, "gainfully employed"
means working, seeking employment or participating in a training or educational
program designed to lead directly to paid employment.
This bill makes several changes in the low-income and at-risk child care
program. Under this bill, a parent who is gainfully employed and whose income is
at or below 165% of the federal poverty line is eligible for a child care subsidy.
Participation in a training and educational program does not qualify as being
gainfully employed. All parents who receive a subsidy are liable for a portion of the
cost of the child care on a sliding scale based on income and determined by DHSS.
This bill also ends the low-income and at-risk child care program when Wisconsin
works is implemented statewide.
Child care subsidy; Wisconsin works
Under Wisconsin works, a custodial parent of a child who is under the age of
10 is eligible for a child care subsidy if the parent is a member of a Wisconsin works
group whose income is at or below 165% of the federal poverty line and if the child
care is needed for the custodial parent to attend school as required under the
learnfare program, work, seek work or, under specified circumstances, attend an
employment training program approved by the Wisconsin works agency.
A person who, under kinship care, is providing care and maintenance for a child
under the age of 10, who needs child care services to work, seek work or attend
employment training approved by the Wisconsin works agency is also eligible for a
child care subsidy.
Any person who receives a child care subsidy, is liable for a portion of the cost
of the child care on a sliding scale based on income and determined by DILJD.
Transportation subsidy
Under the bill, the Wisconsin works agency determines eligibility, in
accordance with rules promulgated by DILJD, for subsidies for transportation costs
associated with transporting a child to and from a child care provider.
Wisconsin works agency contracts
This bill allows DILJD (or, before July 1, 1996, DHSS) to contract with a person
to administer Wisconsin works. DILJD must award the contract on the basis of a
competitive process that is approved by the department of administration (DOA);
however, if DOA finds that it is in the best interest of the state to do so, DILJD may
award the contract on the basis of a noncompetitive process. If no acceptable
provider in a given geographical area is selected under either process, DILJD may
administer Wisconsin works directly in that geographical area, or may require the
county or counties that comprise that geographical area to administer Wisconsin
works for up to 12 months succeeding the statewide implementation of the program.
A county, in turn, may contract with any person to administer the program without
going through a competitive process. Under current law, state contractual services
contracts are supervised and administered by DOA or state agencies to which DOA
delegates its authority. Currently, state contractual service contracts are subject to
rules of DOA governing conflicts of interest and requirements concerning
evaluations of contractors, and are subject to approval by the secretary of
employment relations. DOA must report annually to the governor and legislature
concerning contractual services procurements. The bill allows the secretary of DOA
to exempt Wisconsin works contracts from these requirements. The bill also allows
the secretary of DOA to exempt these contracts from preferences for certain
procurements and from certain requirements relating to solid waste, recycling and
historic preservation. Under the bill, Wisconsin works contracts are, however,
subject to requirements for nondiscrimination in state contracting.
Under each contract, the Wisconsin works agency is required to establish a
community steering committee to facilitate training and employment opportunities
for participants. The Wisconsin works agency is also required to establish a
children's services network to provide information about community services
available to the children in a Wisconsin works group.
Other
Kinship care
Under current law, a parent or guardian may place a child in the home of a
relative without the relative having to be licensed to operate a foster home.
Currently, however, a relative who is providing care and maintenance for a child may
request a license to operate a foster home for the child and, if the license is granted,
may receive an age-related monthly foster care rate, plus supplemental payments,
for the care and maintenance of the child.
This bill requires a county department of human services or social services
(county department) to make payments, as determined by DHFS, to a relative of a
child, other than the child's parent or stepparent, who is providing care and
maintenance for the child (kinship care) if all of the following conditions apply:
1. The relative applies for kinship care payments and the county department
determines that there is a need for the child to be placed with the relative and that
the placement with the relative benefits the child.
2. The county department determines that the child meets one or more of the
criteria under which a court assigned to exercise jurisdiction under the children's
code (juvenile court) may exercise jurisdiction over a child in need of protection or
services or that the child would be at risk of meeting one or more of those criteria if
the child were to remain in his or her home.
3. The county department determines, through an assessment, that the child
will be safe in the relative's home.
4. The county department conducts a background investigation of the relative
and any other adult residing in the relative's home to determine if the relative or
other adult has any arrests or convictions that could adversely affect the child or the
relative's ability to care for the child.
5. The relative cooperates with the county department in the application
process, including applying for other forms of assistance for which the relative may
be eligible.
If a county department makes kinship care payments to a relative of a child, the
county department must refer to the attorney responsible for child support
enforcement the name of the child's parent or parents and require the parent or
parents to initiate or continue health care insurance coverage for the child or, if the
parent or parents are unable to do so, require the kinship care relative to initiate or
continue that coverage. Under the bill, a relative who is receiving kinship care
payments may not also receive foster care payments.
Under current law, if the court assigned to exercise jurisdiction under the
children's code (juvenile court) terminates the parental rights of both of a child's
parents or of a child's only living parent, the juvenile court may transfer
guardianship and custody of the child pending adoptive placement to a relative of the
child with whom the child resides, if the relative has filed a petition to adopt the child,
or, if the juvenile court finds that it is unlikely that the child will be adopted or that
adoption is not in the best interests of the child, the juvenile court may place the child
under sustaining care in the home of a foster parent or treatment foster parent. This
bill permits a juvenile court to place a child in the home of a kinship care relative
pending adoption or to place a child under sustaining care in the home of a kinship
relative.
Appropriations
This bill consolidates the state general purpose revenue appropriations for
public assistance and local aids. Under the new appropriation, DILJD (or, before
July 1, 1996, DHSS) must allocate specified amounts for specified purposes, such as
income maintenance payments and low-income and at-risk child care subsidies.
The department is permitted to use up to 30% of the money allocated for any one
purpose under the appropriation for any other purpose under the appropriation.
Job opportunities and basic skills program
Under current law, certain recipients of AFDC are required to participate in the
job opportunities and basic skills program (JOBS). JOBS has several components
including work supplementation, in which participation is voluntary, and
postsecondary education and vocational skills training. This bill makes
participation in work supplementation mandatory. In addition, the bill eliminates
postsecondary education and vocational skills training from the components of
JOBS.
Currently, the department may require an eligible adult caretaker of a child
who is at least one year old to participate full-time in JOBS. This bill requires DHSS
to request a waiver to require an eligible adult caretaker of a child who is at least 12
weeks old to participate in JOBS full-time.
The community work experience program (CWEP) is a component of JOBS.
Currently, no person may be required to work more than 32 hours per week in CWEP.
With certain exceptions, no person may be required to work more than 16 weeks in
CWEP in a 12-month period. This bill requires DHSS to seek a waiver to require
persons to participate in CWEP up to 40 hours per week and up to 6 months in a
12-month period.
Food stamps
This bill permits DILJD to contract with a Wisconsin works agency to
administer the food stamp program for recipients who are Wisconsin works
employment position participants and for recipients who are eligible to participate
in a Wisconsin works employment position, but do not participate. This bill allows
DILJD, to the extent permitted by waiver or federal law, to require all able-bodied
food stamp recipients aged 18 to 64, who are eligible to participate in a Wisconsin
works employment position to participate in a Wisconsin works employment position
instead of the food stamp employment and training program. The bill also allows the
DILJD, to the extent permitted by federal law or waiver, to provide food stamps to
recipients who are required to work on the basis of the number of hours worked. The
number of hours that a recipient would be required to work would be determined by
dividing the amount of food stamps received by the federal minimum wage. Every
hour that the recipient failed to work would result in a reduction in food stamps in
an amount equal to the federal minimum wage.
Tax
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB359, s. 1
1Section
1. 13.101 (6) (a) of the statutes is amended to read:
SB359,13,22
13.101
(6) (a) As an emergency measure necessitated by decreased state
3revenues and to prevent the necessity for a state tax on general property, the
4committee may reduce any appropriation made to any board, commission,
5department, the university of Wisconsin system or to any other state agency or
6activity by such amount as it deems feasible, not exceeding 25% of the
7appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg)
8and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq)
9and (ar), 20.435 (4) (a),
(d) (dz) and (e), (6) (a) and (7) (da) or for forestry purposes
10under s. 20.370 (1), or any other moneys distributed to any county, city, village, town
11or school district. Appropriations of receipts and of a sum sufficient shall for the
12purposes of this section be regarded as equivalent to the amounts expended under
13such appropriations in the prior fiscal year which ended June 30. All functions of
14said state agencies shall be continued in an efficient manner, but because of the
15uncertainties of the existing situation no public funds should be expended or
16obligations incurred unless there shall be adequate revenues to meet the
17expenditures therefor. For such reason the committee may make reductions of such
18appropriations as in its judgment will secure sound financial operations of the
1administration for said state agencies and at the same time interfere least with their
2services and activities.
SB359, s. 2
3Section
2. 13.101 (6) (a) of the statutes, as affected by 1995 Wisconsin Acts 27
4and .... (this act), is repealed and recreated to read:
SB359,13,235
13.101
(6) (a) As an emergency measure necessitated by decreased state
6revenues and to prevent the necessity for a state tax on general property, the
7committee may reduce any appropriation made to any board, commission,
8department, the university of Wisconsin system or to any other state agency or
9activity by such amount as it deems feasible, not exceeding 25% of the
10appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg)
11and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq)
12and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry
13purposes under s. 20.370 (1), or any other moneys distributed to any county, city,
14village, town or school district. Appropriations of receipts and of a sum sufficient
15shall for the purposes of this section be regarded as equivalent to the amounts
16expended under such appropriations in the prior fiscal year which ended June 30.
17All functions of said state agencies shall be continued in an efficient manner, but
18because of the uncertainties of the existing situation no public funds should be
19expended or obligations incurred unless there shall be adequate revenues to meet the
20expenditures therefor. For such reason the committee may make reductions of such
21appropriations as in its judgment will secure sound financial operations of the
22administration for said state agencies and at the same time interfere least with their
23services and activities.
SB359, s. 3
24Section
3. 16.39 (4) (bm) of the statutes is created to read:
SB359,14,2
116.39
(4) (bm) A Wisconsin works group, as defined in s. 49.141 (1) (s), in which
2one member is a participant under s. 49.147 (3) to (5).
SB359, s. 4
3Section
4. 16.75 (6) (bm) of the statutes is created to read:
SB359,14,114
16.75
(6) (bm) If the secretary determines that it is in the best interest of this
5state to do so, he or she may waive any requirement under subs. (1) to (5) with respect
6to any contract entered into by the department of industry, labor and job
7development under s. 49.143, if the department of industry, labor and job
8development presents the secretary with a process for the procurement of contracts
9under s. 49.143 and the secretary approves the process. The department of
10administration or its designated agent need not publish a class 2 notice under ch. 985
11of its intent to award such a contract.
SB359, s. 5
12Section
5. 16.75 (6) (bs) of the statutes is created to read:
SB359,14,1413
16.75
(6) (bs) Subsections (1) to (5) do not apply to contracts entered into by a
14county under s. 49.143 (1) (b).