1997 Wisconsin Act 27

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:

1. The Wisconsin works agency, in consultation with the community steering committee established under s. 49.143 (2) (a) and the technical college district board, determines that the technical college education program is likely to lead to employment.

2. The participant maintains full-time status in the technical college education program, as determined by the technical college that the participant attends, and regularly attends all classes.

3. The participant maintains a grade point average of at least a 2.0, or the equivalent as determined by the technical college.

(b) 1. Except as provided in subd. 2., for the purposes of s. 49.148 (1) (b) and (c), a Wisconsin works agency shall consider each hour that a participant spends attending classes under this subsection, including time spent traveling to and from classes, as satisfying an hour of required participation under sub. (4) or (5).

2. A Wisconsin works agency may not consider time in excess of 15 hours per week that the participant spends attending or travelling to or from classes under this subsection as satisfying any hours of required participation under sub. (4) or (5).

(c) The Wisconsin works agency shall work with the community steering committee established under s. 49.143 (2) (a) and the technical college district board to monitor the participant's progress in the technical college education program and the effectiveness of the program in leading to employment.

27,1813 Section 1813 . 49.147 (6) (c) of the statutes is amended to read:

49.147 (6) (c) Distribution and administration. From the appropriation appropriations under s. 20.445 (3) (e), (jL) and (md), 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.

27,1814 Section 1814 . 49.147 (6) (d) 2. of the statutes is amended to read:

49.147 (6) (d) 2. The individual has graduated from high school or has met the standards established by the secretary of education state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4).

27,1815 Section 1815 . 49.148 (1) (b) of the statutes is amended to read:

49.148 (1) (b) Community service jobs. For a participant in a community service job, a monthly grant of $555 $673, paid by the Wisconsin works agency or by the department under sub. (2). For every hour that the participant misses work or education or training activities without good cause, the Wisconsin works agency shall reduce the grant amount shall be reduced by $4.25 $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph may be reduced by an amount equal to the product of $5.15 and the difference between 30 and the number of hours the participant is required to work.

27,1815c Section 1815c. 49.148 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.148 (1) (b) 1. and amended to read:

49.148 (1) (b) 1. For a participant in a community service job under s. 49.147 (4) (b), a monthly grant of $673, paid by the Wisconsin works agency or by the department under sub. (2). For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under s. 49.147 (4) (b) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph may be reduced by an amount equal to the product of $5.15 and the difference between 30 and the number of hours the participant is required to work.

27,1815d Section 1815d. 49.148 (1) (b) 2. of the statutes is created to read:

49.148 (1) (b) 2. For a participant in a community service job under s. 49.147 (4) (c), minimum wage for every hour actually worked in the community service job, not to exceed 15 hours per week, paid by the employer, as defined in s. 49.147 (4) (c) 1.

27,1816 Section 1816 . 49.148 (1) (c) of the statutes is amended to read:

49.148 (1) (c) Transitional placements. For a participant in a transitional placement, a grant of $518 $628, paid monthly by the Wisconsin works agency or by the department under sub. (2). 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 shall be reduced by $4.25 $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.

27,1817 Section 1817 . 49.148 (1m) (a) of the statutes is amended to read:

49.148 (1m) (a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $555 $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.

27,1817b Section 1817b. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

49.148 (1m) (a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) 2. or (c) 4. or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.

27,1817c Section 1817c. 49.148 (1m) (b) of the statutes is amended to read:

49.148 (1m) (b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) 2. or (c) 4. or (5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position unless the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.

27,1819b Section 1819b. 49.148 (3) of the statutes is repealed.

27,1820 Section 1820 . 49.148 (4) of the statutes is created to read:

49.148 (4) Drug testing. (a) A Wisconsin works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works agency shall decrease the presanction benefit amount for that participant by not more than 15% for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works agency shall discontinue the reduction under this paragraph.

(b) The Wisconsin works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment and treatment program as part of the participation requirement under s. 49.147 (4) (as) or (5) (bs).

(c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position.

27,1820c Section 1820c. 49.15 of the statutes is created to read:

49.15 Wisconsin works; 2-parent families. (1) Definition. In this section, “other parent" means a parent who is not a participant in a Wisconsin works employment position.

(2) Requirements for nonparticipant parent. (a) If a participant in a Wisconsin works employment position resides with the other parent of a dependent child with respect to whom the participant is a custodial parent, the other parent shall participate in activities described under sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child. The other parent shall participate in activities described under sub. (3) for a number of hours per week that is at least equal to the difference between 55 hours and the sum of the number of hours that the participant in the Wisconsin works employment position participates in the Wisconsin works employment position and the number of hours that the participant in the Wisconsin works employment position participates in any activity described in sub. (3) during that week.

(b) Paragraph (a) does not apply if the other parent is disabled, as defined by the department, or is caring for a severely disabled child, as defined by the department.

(3) Prescribed work activities. An individual who is subject to the work requirement under sub. (2) may satisfy the requirement only by participating in any of the following activities:

(a) Unsubsidized employment, as defined in s. 49.147 (1) (a).

(b) Subsidized employment, as defined by the department.

(c) If sufficient private sector employment is not available, work experience, as defined by the department.

(d) On-the-job training, as defined by the department.

(e) A community service program, as defined by the department.

(4) Grant. An individual who satisfies the requirement under sub. (2) by participating in any of the activities under sub. (3) (b) to (e) shall receive a monthly grant of $555, paid by the Wisconsin works agency. For every hour that the individual fails to participate for the required hours under sub. (2) without good cause and for every hour that the individual participates in an activity under sub. (3) (a) to satisfy the requirement under sub. (2), the grant amount shall be reduced by $4.25. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic violence. If the individual is required under sub. (2) to work fewer than 30 hours per week, the grant amount shall be reduced by an amount equal to the product of $4.25 and the difference between 30 and the number of hours that the individual is required to participate under sub. (2).

27,1820d Section 1820d. 49.151 (1) (intro.) of the statutes is amended to read:

49.151 (1) Refusal to participate. (intro.) A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant is also ineligible to participate in that Wisconsin works employment position component if an individual in the participant's Wisconsin works group is subject to the work requirement under s. 49.15 (2) and refuses 3 times to participate as required. 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 or an individual who is subject to the work requirement under s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:

27,1820e Section 1820e. 49.151 (1) (a) of the statutes is amended to read:

49.151 (1) (a) Expresses The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.

27,1820f Section 1820f. 49.151 (1) (b) of the statutes is amended to read:

49.151 (1) (b) Fails The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, the participant 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.

27,1820g Section 1820g. 49.151 (1) (c) of the statutes is amended to read:

49.151 (1) (c) Voluntarily The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.

27,1820h Section 1820h. 49.151 (1) (d) of the statutes is amended to read:

49.151 (1) (d) Loses The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), loses employment as a result of being discharged for cause.

27,1820j Section 1820j. 49.151 (1) (e) of the statutes is amended to read:

49.151 (1) (e) Demonstrates The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), 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.

27,1828 Section 1828 . 49.152 (1) of the statutes is amended to read:

49.152 (1) Petition for review. Any individual whose application for any component of 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 or that the employment position in which the individual was placed is inappropriate, 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.

27,1829 Section 1829 . 49.152 (2) (a) (intro.) of the statutes is amended to read:

49.152 (2) (a) (intro.) 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 by 1st class mail a certified copy of its decision to the last-known address of 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:

27,1830 Section 1830 . 49.152 (2) (b) 1. of the statutes is amended to read:

49.152 (2) (b) 1. Within 15 21 days of receiving after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.

27,1831 Section 1831 . 49.152 (2) (c) 1. of the statutes is amended to read:

49.152 (2) (c) 1. Within 15 21 days after receiving the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant petitions the department for a review of the decision.

27,1831g Section 1831g. 49.152 (2) (d) of the statutes is created to read:

49.152 (2) (d) If the department reviews a decision under par. (b) and upon receipt of a petition or request under par. (c) the department shall give the applicant or participant reasonable notice and opportunity for a fair hearing and shall permit the applicant or participant to present evidence and testimony and to be represented by counsel at the hearing and to have access to records in preparation for the hearing. The department may make any additional investigation that it considers necessary. Notice of the hearing shall be given to the applicant or participant and, if appropriate, to the county clerk. The Wisconsin works agency may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or participant, the county clerk, if appropriate, and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if the applicant or participant does any of the following:

a. Withdraws the petition in writing.

b. Abandons the petition. Abandonment occurs if the applicant or participant fails to appear in person or by representative at a scheduled hearing without good cause as defined by the department by rule.

27,1832 Section 1832 . 49.152 (3) of the statutes is created to read:

49.152 (3) Remedies. (a) If, following review under sub. (2), the Wisconsin works agency or the department determines that an individual, whose application for a Wisconsin works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works employment position, the Wisconsin works agency shall place the individual in the first available Wisconsin works employment position that is appropriate for that individual, as determined by the Wisconsin works agency or the department. An individual who is placed in a Wisconsin works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

(b) If, following review under sub. (2), the Wisconsin works agency or the department determines that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department retroactive to the date on which the benefit was first improperly modified or canceled or incorrectly calculated.

27,1833c Section 1833c. 49.153 of the statutes, as affected by 1997 Wisconsin Act 3, is repealed.

27,1838 Section 1838 . 49.155 (1) (a) of the statutes is renumbered 49.155 (1) (am).

27,1839 Section 1839 . 49.155 (1) (c) of the statutes is created to read:

49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), “parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

27,1840 Section 1840 . 49.155 (1d) of the statutes is created to read:

49.155 (1d) Child care certification rules. (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a requirement for training for providers.

(b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.

27,1841 Section 1841 . 49.155 (1g) (title) of the statutes is created to read:

49.155 (1g) (title) Distribution of funds.

27,1842 Section 1842 . 49.155 (1j) (title) of the statutes is created to read:

49.155 (1j) (title) Unanticipated federal funds.

27,1843 Section 1843 . 49.155 (1m) (a) (intro.) of the statutes is amended to read:

49.155 (1m) (a) (intro.) The individual is a custodial parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following: