SB77-SSA1, s. 1788
24Section
1788
. 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin
25Act .... (this act), is amended to read:
SB77-SSA1,771,6
149.137
(4) Training and technical assistance contracts. (intro.) From the
2allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the department may contract
3with one or more agencies for the provision of training and technical assistance to
4improve the quality of child care provided in this state. The training and technical
5assistance activities contracted for under this subsection may include any of the
6following activities:
SB77-SSA1,771,108
49.137
(4) (gm) Providing training to child care providers in providing child
9care for children with special needs and developing a network of child care providers
10who are qualified to provide child care for children with special needs.
SB77-SSA1, s. 1789
11Section
1789. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138
12(1m) (intro.), as renumbered, is amended to read:
SB77-SSA1,772,213
49.138
(1m) (intro.) The department shall implement a program of emergency
14assistance to needy persons in cases of fire, flood, natural disaster, homelessness or
15energy crisis.
Eligibility shall not exceed the limitations for federal participation
16defined by applicable federal laws and regulations. The department shall establish
17the maximum amount of aid to be granted, except for cases of energy crisis, per family
18member based on the funding available under s. 20.445 (3) (dc) and
(p) (md). The
19department need not establish the maximum amount by rule under ch. 227. The
20department shall publish the maximum amount and annual changes to it in the
21Wisconsin administrative register.
Emergency assistance provided to needy persons
22under this section in cases of fire, flood, natural disaster or energy crisis may only
23be provided to a needy person once in a 12-month period. Emergency assistance
24provided to needy persons under this section in cases of homelessness may be used
25only to obtain a permanent living accommodation and, except as provided in sub. (2),
1may only be provided to a needy person once in a 36-month period. For the purposes
2of this section, a family is considered to be homeless if any of the following applies:
SB77-SSA1,772,44
49.138
(1d) In this section:
SB77-SSA1,772,75
(a) "Administering agency" means the department or, if the department has
6contracted with a Wisconsin works agency under sub. (3), the Wisconsin works
7agency.
SB77-SSA1,772,88
(b) "Needy person" has the meaning specified by the department by rule.
SB77-SSA1,772,1110
49.138
(2) Emergency assistance provided to a person under sub.
(1) (1m) (c)
11may be provided once in a 12-month period.
SB77-SSA1,772,1413
49.138
(3) The department may contract with a Wisconsin works agency to
14administer this section.
SB77-SSA1,772,2216
49.138
(4) (a) Any individual whose application for emergency assistance
17under this section is not acted upon with reasonable promptness after the filing of
18the application, as defined by the department by rule, or is denied in whole or in part,
19or who believes that the assistance amount was calculated incorrectly, may petition
20the administering agency for a review of such action. Review is unavailable if the
21action by the administering agency occurred more than 45 days prior to submission
22of the petition for review.
SB77-SSA1,773,323
(b) Upon a timely petition under par. (a), the administering agency shall give
24the petitioner reasonable notice and opportunity for a review. The administering
25agency shall render its decision as soon as possible after the review and shall send
1by 1st class mail a certified copy of its decision to the petitioner. The administering
2agency shall deny a petition for a review or shall refuse to grant relief if the petitioner
3does any of the following:
SB77-SSA1,773,44
1. Withdraws the petition in writing.
SB77-SSA1,773,75
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear
6in person or by representative at a scheduled review without good cause, as defined
7by the department by rule.
SB77-SSA1,773,128
(c) If the administering agency is a Wisconsin works agency, the department
9may review the decision of the Wisconsin works agency if, within 14 days after the
10date on which the certified copy of the decision of the Wisconsin works agency is
11mailed, the applicant or participant petitions the department for a review of that
12decision.
SB77-SSA1, s. 1794
13Section
1794. 49.141 (1) (j) of the statutes is renumbered 49.141 (1) (j) (intro.)
14and amended to read:
SB77-SSA1,773,1515
49.141
(1) (j) (intro.) "Parent" means
either a any of the following:
SB77-SSA1,773,16
161. A biological parent
, a.
SB77-SSA1,773,18
172. A person who has consented to the artificial insemination of his wife under
18s. 891.40
, or a.
SB77-SSA1,773,19
193. A parent by adoption.
SB77-SSA1,773,2321
49.141
(1) (j) 4. A man adjudged in a judicial proceeding to be the biological
22father of a child if the child is a nonmarital child who is not adopted or whose parents
23do not subsequently intermarry under s. 767.60.
SB77-SSA1,774,2
149.141
(1) (j) 5. A man who has signed and filed with the state registrar under
2s. 69.15 (3) (b) 3. a statement acknowledging paternity.
SB77-SSA1,774,84
49.141
(1) (p) "Wisconsin works" means the assistance program for families
5with dependent children, administered under ss. 49.141 to 49.161
, except that
6"Wisconsin works" does not include the Wisconsin works health plan under s. 49.153,
7unless a waiver under s. 49.153 (1m) is granted and in effect or federal legislation
8that permits the application of s. 49.153 is enacted.
SB77-SSA1,774,1910
49.141
(2) (a) If necessary, the department shall request a waiver from the
11secretaries of the federal department of health and human services, the federal
12department of agriculture and the federal social security administration or shall
13seek the passage of federal legislation to permit the department to conduct the
14Wisconsin works program in lieu of the aid to families with dependent children
15program under s. 49.19, the job opportunities and basic skills program under s.
1649.193, the parental responsibility pilot program under s. 49.25 and the
17work-not-welfare program under s. 49.27 and as part of the food stamp program
18under
7 USC 2011 to
2029 and the medical assistance program under 42 USC 1396
19to 1396u.
SB77-SSA1,774,2421
49.141
(7) (c) Except as provided in par. (d), in addition to the penalties
22applicable under par. (a) or (b), a person shall be suspended from participating in
23Wisconsin works, except s. 49.153, for a period of 10 years, beginning on the date of
24conviction, if the person is convicted in a federal or state court for any of the following:
SB77-SSA1,775,4
11. Violating sub. (6) (a) with respect to his or her identity or place of residence
2for the purpose of receiving simultaneously from this state and at least one other
3state assistance funded by a block grant under Title I of the Federal Personal
4Responsibility and Work Opportunity Reconciliation Act of 1996.
SB77-SSA1,775,75
2. Fraudulently misstating or misrepresenting his or her identity or place of
6residence for the purpose of receiving simultaneously from this state and at least one
7other state benefits under the medical assistance program under
42 USC 1396 et seq.
SB77-SSA1,775,108
3. Fraudulently misstating or misrepresenting his or her identity or place of
9residence for the purpose of receiving simultaneously in this state and at least one
10other state benefits under the federal food stamp program under
7 USC 2011 to
2029.
SB77-SSA1,775,1411
4. Fraudulently misstating or misrepresenting his or her identity or place of
12residence for the purpose of receiving simultaneously in this state and at least one
13other state benefits under the federal supplemental security income program under
1442 USC 1381 to
1383d.
SB77-SSA1,775,2016
49.141
(7) (d) A person who has been suspended from participating in
17Wisconsin works under par. (c) and whom the president of the United States has
18pardoned with respect to the conduct for which the person had been suspended may
19have his or her eligibility to participate in Wisconsin works reinstated beginning on
20the first day of the first month beginning after the pardon.
SB77-SSA1,776,822
49.143
(2) (b) Establish a children's services network. The children's services
23network shall provide information about community resources available to the
24dependent children in a Wisconsin works group, including charitable food and
25clothing centers; subsidized and low-income housing; transportation subsidies; the
1state supplemental food program for women, infants and children under s. 253.06;
2and child care programs.
In a county having a population of 500,000 or more, a
3children's services network shall, in addition, provide a forum for those persons who
4are interested in the delivery of child welfare services and other services to children
5and families in the geographical area under sub. (6) served by that children's services
6network to communicate with and make recommendations to the providers of those
7services in that geographical area with respect to the delivery of those services in that
8area.
SB77-SSA1,776,1210
49.143
(2) (e)
Certify To the extent permitted under federal law or waiver,
11certify eligibility for and issue food coupons to eligible Wisconsin works participants
12in conformity with
7 USC 2011 to
2029.
SB77-SSA1,776,1714
49.145
(2) (i) The individual is not receiving supplemental security income
15under
42 USC 1381 to
1383c or state supplemental payments under s. 49.77
and, if
16the individual is a dependent child, the custodial parent of the individual does not
17receive a payment on behalf of the individual under s. 49.775.
SB77-SSA1, s. 1803
18Section
1803. 49.145 (2) (n) of the statutes is renumbered 49.145 (2) (n) 1.
19(intro.) and amended to read:
SB77-SSA1,777,220
49.145
(2) (n) 1. (intro.)
Beginning
Except as provided in subd. 4., beginning 21on the date on which the individual has attained the age of 18, the total number of
22months in which the individual
or any adult member of the individual's Wisconsin
23works group has
actively participated in
the job opportunities and basic skills
24program under s. 49.193 or has participated in a Wisconsin works employment
25position or both, or has received benefits under, any of the following or any
1combination of the following does not exceed 60 months
. The months need not be
2consecutive. Participation in the, whether or not consecutive:
SB77-SSA1,777,5
3a. The job opportunities and basic skills program under s. 49.193
. Active
4participation in the job opportunities and basic skills program begins to count toward
5the 60-month limit beginning on
July October 1, 1996.
SB77-SSA1,777,9
63. A Wisconsin works agency may extend the time limit
under this paragraph 7only if the Wisconsin works agency determines, in accordance with rules
8promulgated by the department, that unusual circumstances exist that warrant an
9extension of the participation period.
SB77-SSA1, s. 1804
10Section
1804. 49.145 (2) (n) 1. b. of the statutes is created to read:
SB77-SSA1,777,1111
49.145
(2) (n) 1. b. A Wisconsin works employment position.
SB77-SSA1, s. 1805
12Section
1805. 49.145 (2) (n) 1. c. of the statutes is created to read:
SB77-SSA1,777,1613
49.145
(2) (n) 1. c. Any program in this state or in any other state funded by
14a federal block grant for temporary assistance for needy families under title I of P.L.
15104-193, if the individual received benefits under that program that were
16attributable to funds provided by the federal government.
SB77-SSA1,777,2218
49.145
(2) (n) 2. Except as provided in subd. 4., in calculating the number of
19months in which the individual participated under subd. 1., the Wisconsin works
20agency shall include any month in which any adult member of a Wisconsin works
21group participated in a Wisconsin works employment position, if the individual was
22a member of that Wisconsin works group during that month.
SB77-SSA1,778,524
49.145
(2) (n) 4. In calculating the number of months under subds. 1. and 2.,
25a Wisconsin works agency shall exclude, to the extent permitted under federal law,
1any month during which any adult in the Wisconsin works group participated in any
2activity listed under subd. 1. a. to c. while living on a federally recognized American
3Indian reservation, in an Alaskan Native village or, in Indian country, as defined in
418 USC 1151, occupied by an Indian tribe, if, during that month, all of the following
5applied:
SB77-SSA1,778,76
a. At least 1,000 individuals were living on the reservation or in the village or
7Indian country.
SB77-SSA1,778,98
b. At least 50% of the adults living on the reservation or in the village or Indian
9country were unemployed.
SB77-SSA1,778,1211
49.145
(2) (r) The individual is not a fugitive felon under
42 USC 608 (a) (9) (A)
12(i).
SB77-SSA1,778,1514
49.145
(2) (rm) The individual is not violating a condition of probation or parole
15imposed under federal or state law.
SB77-SSA1,779,1017
49.145
(2) (s) The individual assigns to the state any right of the individual or
18of any dependent child of the individual to support or maintenance from any other
19person, including any right to amounts accruing during the time that any Wisconsin
20works benefit is paid to the individual. If a minor who is a beneficiary of any
21Wisconsin works benefit is also the beneficiary of support under a judgment or order
22that includes support for one or more children not receiving a benefit under
23Wisconsin works, any support payment made under the judgment or order is
24assigned to the state during the period that the minor is a beneficiary of the
25Wisconsin works benefit in the amount that is the proportionate share of the minor
1receiving the benefit under Wisconsin works, except as otherwise ordered by the
2court on the motion of a party. Amounts assigned to the state under this paragraph
3remain assigned to the state until that amount of benefits paid that represents the
4amount due as support or maintenance has been recovered. No amount of support
5that begins to accrue after the individual ceases to receive benefits under Wisconsin
6works may be considered assigned to this state. Except as provided in s. 49.1455, any
7money received by the department in a month under an assignment to the state
8under this paragraph for an individual applying for or participating in Wisconsin
9works shall be paid to the individual applying for or participating in Wisconsin
10works.
SB77-SSA1,779,1412
49.145
(2) (v) The individual states in writing whether the individual has been
13convicted in any state or federal court of a felony that has as an element possession,
14use or distribution of a controlled substance, as defined in
21 USC 802 (6).
SB77-SSA1,779,2016
49.145
(3) (b) 2. Child support payments received
by the individual on behalf
17of a child who is a member of the Wisconsin works group.
The Wisconsin works
18agency shall not include child support payments received by the department under
19an assignment under sub. (2) (s) unless the department has distributed the money
20to the individual.
SB77-SSA1,780,2
2249.1455 Child support demonstration project. The department may
23conduct a demonstration project, pursuant to the terms and conditions of a federal
24waiver, under which the department may pay to an individual whom the department
25has selected to be part of a control group a portion of the amount of child support
1received by the department under an assignment by the individual under s. 49.145
2(2) (s).
SB77-SSA1, s. 1812b
3Section 1812b. 49.147 (1) (title) and (a) (title) of the statutes are repealed.
SB77-SSA1,780,55
49.147
(1) Definitions. (intro.) In this section:
SB77-SSA1, s. 1812d
6Section 1812d. 49.147 (1) (a) of the statutes is renumbered 49.147 (1) (c) and
7amended to read:
SB77-SSA1,780,108
49.147
(1) (c)
In this section, "unsubsidized "Unsubsidized employment" means
9employment for which the Wisconsin works agency provides no wage subsidy to the
10employer including self-employment and entrepreneurial activities.
SB77-SSA1,780,1212
49.147
(1) (b) "Disabled" has the meaning given in s. 46.985 (1) (d).
SB77-SSA1, s. 1812f
13Section 1812f. 49.147 (4) of the statutes is repealed and recreated to read:
SB77-SSA1,781,214
49.147
(4) Community service job. (a)
Administration. A Wisconsin works
15agency shall administer a community service job program as part of its
16administration of Wisconsin works to improve the employability of an individual who
17is not otherwise able to obtain sufficient employment, as determined by the
18Wisconsin works agency, by providing work experience and training, if necessary, to
19assist the individual to move promptly into unsubsidized public or private
20employment or a trial job. In determining an appropriate placement for a
21participant, a Wisconsin works agency shall give placement under this subsection
22priority over a placement under sub. (5). Community service jobs shall be limited to
23projects that the department determines would serve a useful public purpose or
24projects the cost of which is partially or wholly offset by revenue generated by the
25projects. After every 6 months of an individual's participation under this subsection
1and at the conclusion of each assignment under this subsection, a Wisconsin works
2agency shall reassess the individual's employability.
SB77-SSA1,781,53
(b)
Grant-paying community service job. 1. `Required hours.' Except as
4provided in subd. 1m., a participant under this paragraph may be required to
5participate in any of the following:
SB77-SSA1,781,166
a. Education and training activities for not more than 10 hours per week
7assigned as part of an employability plan developed by the Wisconsin works agency.
8The department shall establish by rule permissible education and training under
9this subd. 1. a., which shall include a course of study meeting the standards
10established under s. 115.29 (4) for the granting of a declaration of equivalency of high
11school graduation, technical college courses and educational courses that provide an
12employment skill. Permissible education under this subd. 1. a. shall also include
13English as a 2nd language courses that the Wisconsin works agency determines
14would facilitate an individual's efforts to obtain employment and adult basic
15education courses that the Wisconsin works agency determines would facilitate an
16individual's efforts to obtain employment.
SB77-SSA1,781,1717
b. A community service job for not more than 30 hours per week.
SB77-SSA1,781,2218
c. For the first 2 weeks of participation under this paragraph, an assessment
19and motivational training program identified by the community steering committee
20under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than
2140 hours of participation per week under this subd. 1. c. in lieu of the participation
22requirements under subd. 1. a. and b.
SB77-SSA1,782,423
1m. `Education for 18-year-old and 19-year-old students.' A Wisconsin works
24agency shall permit a participant under this paragraph who has not obtained the age
25of 20 and who has not obtained a high school diploma or a declaration of equivalency
1of high school graduation to attend high school or enroll in a course of study meeting
2the standards established under s. 115.29 (4) for the granting of a declaration of
3equivalency of high school graduation to satisfy, in whole or in part, the required
4hours of participation in a community service job under subd. 1.
SB77-SSA1,782,195
2. `Time-limited participation.' An individual may participate under this
6paragraph in a particular community service job for a maximum of 6 months, with
7an opportunity for a 3-month extension under circumstances approved by the
8department. An individual may participate in more than one community service job
9under this paragraph, but may not exceed a total of 24 months of participation under
10this subsection. The months need not be consecutive. The department or, with the
11approval of the department, the Wisconsin works agency may grant an extension to
12the 24-month limit on a case-by-case basis if the Wisconsin works agency
13determines that the individual has made all appropriate efforts to find unsubsidized
14employment and has been unable to find unsubsidized employment because local
15labor market conditions preclude a reasonable employment opportunity in
16unsubsidized employment for that participant, as determined by a Wisconsin works
17agency and approved by the department, and if the Wisconsin works agency
18determines, and the department agrees, that no trial job opportunities are available
19in the specified local labor market.
SB77-SSA1,782,2320
3. `Worker's compensation.' A participant under this paragraph is an employe
21of the Wisconsin works agency for purposes of worker's compensation coverage,
22except to the extent that the person for whom the participant is performing work
23provides worker's compensation.