1997 Wisconsin Act 27

27,1797 Section 1797 . 49.141 (1) (p) of the statutes is amended to read:

49.141 (1) (p) “Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, except that “Wisconsin works" does not include the Wisconsin works health plan under s. 49.153, unless a waiver under s. 49.153 (1m) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted.

27,1798 Section 1798 . 49.141 (2) (a) of the statutes is amended to read:

49.141 (2) (a) If necessary, the department shall request a waiver from the secretaries of the federal department of health and human services, the federal department of agriculture and the federal social security administration or shall seek the passage of federal legislation to permit the department to conduct the Wisconsin works program in lieu of the aid to families with dependent children program under s. 49.19, the job opportunities and basic skills program under s. 49.193, the parental responsibility pilot program under s. 49.25 and the work-not-welfare program under s. 49.27 and as part of the food stamp program under 7 USC 2011 to 2029 and the medical assistance program under 42 USC 1396 to 1396u.

27,1798m Section 1798m. 49.141 (2g) (a) 1. c. of the statutes is repealed.

27,1799 Section 1799 . 49.141 (7) (c) of the statutes is created to read:

49.141 (7) (c) Except as provided in par. (d), in addition to the penalties applicable under par. (a) or (b), a person shall be suspended from participating in Wisconsin works, except s. 49.153, for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:

1. Violating sub. (6) (a) with respect to his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state assistance funded by a block grant under Title I of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

2. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state benefits under the medical assistance program under 42 USC 1396 et seq.

3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp program under 7 USC 2011 to 2029.

4. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal supplemental security income program under 42 USC 1381 to 1383d.

27,1800 Section 1800 . 49.141 (7) (d) of the statutes is created to read:

49.141 (7) (d) A person who has been suspended from participating in Wisconsin works under par. (c) and whom the president of the United States has pardoned with respect to the conduct for which the person had been suspended may have his or her eligibility to participate in Wisconsin works reinstated beginning on the first day of the first month beginning after the pardon.

27,1801g Section 1801g. 49.143 (2) (b) of the statutes is amended to read:

49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

27,1801m Section 1801m. 49.143 (2) (e) of the statutes is amended to read:

49.143 (2) (e) Certify To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with 7 USC 2011 to 2029.

27,1802 Section 1802 . 49.145 (2) (i) of the statutes is amended to read:

49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775.

27,1803 Section 1803 . 49.145 (2) (n) of the statutes is renumbered 49.145 (2) (n) 1. (intro.) and amended to read:

49.145 (2) (n) 1. (intro.) Beginning Except as provided in subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin works group has actively participated in the job opportunities and basic skills program under s. 49.193 or has participated in a Wisconsin works employment position or both, or has received benefits under, any of the following or any combination of the following does not exceed 60 months. The months need not be consecutive. Participation in the, whether or not consecutive:

a. The job opportunities and basic skills program under s. 49.193. Active participation in the job opportunities and basic skills program begins to count toward the 60-month limit beginning on July October 1, 1996.

3. A Wisconsin works agency may extend the time limit under this paragraph only if the Wisconsin works agency determines, in accordance with rules promulgated by the department, that unusual circumstances exist that warrant an extension of the participation period.

27,1804 Section 1804 . 49.145 (2) (n) 1. b. of the statutes is created to read:

49.145 (2) (n) 1. b. A Wisconsin works employment position.

27,1805 Section 1805 . 49.145 (2) (n) 1. c. of the statutes is created to read:

49.145 (2) (n) 1. c. Any program in this state or in any other state funded by a federal block grant for temporary assistance for needy families under title I of P.L. 104-193, if the individual received benefits under that program that were attributable to funds provided by the federal government.

27,1806 Section 1806 . 49.145 (2) (n) 2. of the statutes is created to read:

49.145 (2) (n) 2. Except as provided in subd. 4., in calculating the number of months in which the individual participated under subd. 1., the Wisconsin works agency shall include any month in which any adult member of a Wisconsin works group participated in a Wisconsin works employment position, if the individual was a member of that Wisconsin works group during that month.

27,1807 Section 1807 . 49.145 (2) (n) 4. of the statutes is created to read:

49.145 (2) (n) 4. In calculating the number of months under subds. 1. and 2., a Wisconsin works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:

a. At least 1,000 individuals were living on the reservation or in the village or Indian country.

b. At least 50% of the adults living on the reservation or in the village or Indian country were unemployed.

27,1808 Section 1808 . 49.145 (2) (r) of the statutes is created to read:

49.145 (2) (r) The individual is not a fugitive felon under 42 USC 608 (a) (9) (A) (i).

27,1809 Section 1809 . 49.145 (2) (rm) of the statutes is created to read:

49.145 (2) (rm) The individual is not violating a condition of probation or parole imposed under federal or state law.

27,1810 Section 1810 . 49.145 (2) (s) of the statutes is created to read:

49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works may be considered assigned to this state. Except as provided in s. 49.1455, any money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin works shall be paid to the individual applying for or participating in Wisconsin works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

27,1811 Section 1811 . 49.145 (2) (v) of the statutes is created to read:

49.145 (2) (v) The individual states in writing whether the individual has been convicted in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance, as defined in 21 USC 802 (6).

27,1812 Section 1812 . 49.145 (3) (b) 2. of the statutes is amended to read:

49.145 (3) (b) 2. Child support payments received by the individual on behalf of a child who is a member of the Wisconsin works group. The Wisconsin works agency shall not include child support payments received by the department under an assignment under sub. (2) (s) unless the department has distributed the money to the individual.

27,1812am Section 1812am. 49.1455 of the statutes is created to read:

49.1455 Child support demonstration project. The department may conduct a demonstration project, pursuant to the terms and conditions of a federal waiver, under which the department may pay to an individual whom the department has selected to be part of a control group a portion of the amount of child support received by the department under an assignment by the individual under s. 49.145 (2) (s).

27,1812b Section 1812b. 49.147 (1) (title) and (a) (title) of the statutes are repealed.

27,1812c Section 1812c. 49.147 (1) (intro.) of the statutes is created to read:

49.147 (1) Definitions. (intro.) In this section:

27,1812d Section 1812d. 49.147 (1) (a) of the statutes is renumbered 49.147 (1) (c) and amended to read:

49.147 (1) (c) In this section, “unsubsidized “Unsubsidized employment" means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.

27,1812e Section 1812e. 49.147 (1) (b) of the statutes is created to read:

49.147 (1) (b) “Disabled" has the meaning given in s. 46.985 (1) (d).

27,1812f Section 1812f. 49.147 (4) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

49.147 (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 an individual who is not otherwise able to obtain sufficient employment, as determined by the Wisconsin works agency, by providing work experience and training, if necessary, to assist the individual 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 a placement 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 by the projects. After every 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.

(b) Grant-paying community service job. 1. `Required hours.' Except as provided in subd. 1m., a participant under this paragraph may be required to participate in any of the following:

a. Education and training activities for not more than 10 hours per week assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this subd. 1. a., which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this subd. 1. a. shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.

b. A community service job for not more than 30 hours per week.

c. For the first 2 weeks of participation under this paragraph, an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this subd. 1. c. in lieu of the participation requirements under subd. 1. a. and b.

1m. `Education for 18-year-old and 19-year-old students.' A Wisconsin works agency shall permit a participant under this paragraph who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or enroll in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation in a community service job under subd. 1.

2. `Time-limited participation.' An individual may participate under this paragraph in a particular 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 under this paragraph, 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.

3. `Worker's compensation.' A participant under this paragraph 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 provides worker's compensation.

(c) Wage-paying community service job. 1. `Definition.' In this paragraph, “employer" means a nonprofit, nonstock corporation organized under ch. 181 with which the Wisconsin works agency contracts under subd. 1m. to provide employment to a participant.

1g. `Limited scope.' The department shall permit this paragraph to be implemented by 2 Wisconsin works agencies in Milwaukee County that are selected by the department based on requests received by the department from those Wisconsin works agencies.

1m. `Employment arrangement.' A Wisconsin works agency may contract with a nonprofit, nonstock corporation organized under ch. 181 to provide employment to the participant. The contract shall require the Wisconsin works agency to reimburse the employer for the amounts paid by the employer for the wages and payroll taxes of the participant.

2. `Eligibility.' A Wisconsin works agency may not place an individual under this paragraph unless the individual is working at least 15 hours per week in an unsubsidized job.

3. `Work supplementation.' The Wisconsin works agency may require a participant under this paragraph to work not more than the lesser of the following in a community service job under this paragraph:

a. Fifteen hours per week.

b. The difference between 40 hours and the number of hours that the participant works in an unsubsidized job.

4. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 3 months, with an opportunity for a one-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, 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 adequate 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.

5. `Worker's compensation.' The Wisconsin works agency shall provide the participant with worker's compensation coverage, except to the extent that the employer for whom the participant is performing work provides worker's compensation.

6. `Sunset.' This paragraph does not apply after September 30, 2001.

27,1812g Section 1812g. 49.147 (4) (as) of the statutes is amended to read:

49.147 (4) (as) Required hours. Except as provided in par. pars. (at) and (av), a Wisconsin works agency may require a participant placed in a community service job program to work not more than 30 hours per week in a community service job. A Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week.

27,1812h Section 1812h. 49.147 (4) (av) of the statutes is created to read:

49.147 (4) (av) Education for 18-year-old and 19-year-old students. A Wisconsin works agency shall permit a participant under this subsection who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or enroll in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation in a community service job under par. (as).

27,1812j Section 1812j. 49.147 (5) (bm) of the statutes is amended to read:

49.147 (5) (bm) Education or training activities. A Except as provided in par. (bw), a participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.

27,1812k Section 1812k. 49.147 (5) (bs) of the statutes is amended to read:

49.147 (5) (bs) Required hours. Except as provided in par. pars. (bt) and (bw), a Wisconsin works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. A Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week.

27,1812p Section 1812p. 49.147 (5) (bt) of the statutes is amended to read:

49.147 (5) (bt) Motivational training. A Except as provided in par. (bw), a Wisconsin works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (bs).

27,1812t Section 1812t. 49.147 (5) (bw) of the statutes is created to read:

49.147 (5) (bw) Certain single parents of disabled children. A participant may not be required to participate in education and training activities under par. (bm), the work requirement under par. (bs) or motivational training under par. (bt) if all of the following conditions are met:

1. The participant is a single parent of a disabled child.

2. The Wisconsin works agency determines that the participant is needed in the home for at least 40 hours per week to provide care for the disabled child.

27,1812u Section 1812u. 49.147 (5) (c) of the statutes is amended to read:

49.147 (5) (c) Worker's compensation. A participant under this subsection who is not exempt under par. (bw) 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 provides worker's compensation coverage.

27,1812w Section 1812w. 49.147 (5m) of the statutes is created to read:

49.147 (5m) Postsecondary education. (a) To the extent permitted under section 103 of P.L. 104-193, a participant under sub. (4) or (5) may elect to participate in a self-initiated technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met: