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.
SB77-SSA1,783,224
(c)
Wage-paying community service job. 1. `Definition.' In this paragraph,
25"employer" means a nonprofit, nonstock corporation organized under ch. 181 with
1which the Wisconsin works agency contracts under subd. 1m. to provide employment
2to a participant.
SB77-SSA1,783,63
1g. `Limited scope.' The department shall permit this paragraph to be
4implemented by 2 Wisconsin works agencies in Milwaukee County that are selected
5by the department based on requests received by the department from those
6Wisconsin works agencies.
SB77-SSA1,783,117
1m. `Employment arrangement.' A Wisconsin works agency may contract with
8a nonprofit, nonstock corporation organized under ch. 181 to provide employment to
9the participant. The contract shall require the Wisconsin works agency to reimburse
10the employer for the amounts paid by the employer for the wages and payroll taxes
11of the participant.
SB77-SSA1,783,1412
2. `Eligibility.' A Wisconsin works agency may not place an individual under
13this paragraph unless the individual is working at least 15 hours per week in an
14unsubsidized job.
SB77-SSA1,783,1715
3. `Work supplementation.' The Wisconsin works agency may require a
16participant under this paragraph to work not more than the lesser of the following
17in a community service job under this paragraph:
SB77-SSA1,783,1818
a. Fifteen hours per week.
SB77-SSA1,783,2019
b. The difference between 40 hours and the number of hours that the
20participant works in an unsubsidized job.
SB77-SSA1,784,1021
4. `Time-limited participation.' An individual may participate under this
22paragraph in a particular community service job for a maximum of 3 months, with
23an opportunity for a one-month extension under circumstances approved by the
24department. An individual may participate in more than one community service job
25under this paragraph, but may not exceed a total of 24 months of participation under
1this subsection. The months need not be consecutive. The department or, with the
2approval of the department, the Wisconsin works agency may grant an extension to
3the 24-month limit on a case-by-case basis if the Wisconsin works agency
4determines that the individual has made all appropriate efforts to find unsubsidized
5employment and has been unable to find adequate unsubsidized employment
6because local labor market conditions preclude a reasonable employment
7opportunity in unsubsidized employment for that participant, as determined by a
8Wisconsin works agency and approved by the department, and if the Wisconsin
9works agency determines, and the department agrees, that no trial job opportunities
10are available in the specified local labor market.
SB77-SSA1,784,1411
5. `Worker's compensation.' The Wisconsin works agency shall provide the
12participant with worker's compensation coverage, except to the extent that the
13employer for whom the participant is performing work provides worker's
14compensation.
SB77-SSA1,784,1515
6. `Sunset.' This paragraph does not apply after September 30, 2001.
SB77-SSA1,784,2217
49.147
(4) (as)
Required hours. Except as provided in
par. pars. (at)
and (av),
18a Wisconsin works agency may require a participant placed in a community service
19job program to work not more than 30 hours per week in a community service job.
20A Wisconsin works agency may require a participant placed in the community
21service job program to participate in education or training activities for not more
22than 10 hours per week.
SB77-SSA1,785,624
49.147
(4) (av)
Education for 18-year-old and 19-year-old students. A
25Wisconsin works agency shall permit a participant under this subsection who has not
1obtained the age of 20 and who has not obtained a high school diploma or a
2declaration of equivalency of high school graduation to attend high school or enroll
3in a course of study meeting the standards established under s. 115.29 (4) for the
4granting of a declaration of equivalency of high school graduation to satisfy, in whole
5or in part, the required hours of participation in a community service job under par.
6(as).
SB77-SSA1,785,198
49.147
(5) (bm)
Education or training activities. A Except as provided in par.
9(bw), a participant under this subsection may be required to participate in education
10and training activities assigned as part of an employability plan developed by the
11Wisconsin works agency. The department shall establish by rule permissible
12education and training under this paragraph, which shall include a course of study
13meeting the standards established under s. 115.29 (4) for the granting of a
14declaration of equivalency of high school graduation, technical college courses and
15educational courses that provide an employment skill. Permissible education under
16this paragraph shall also include English as a 2nd language courses that the
17Wisconsin works agency determines would facilitate an individual's efforts to obtain
18employment and adult basic education courses that the Wisconsin works agency
19determines would facilitate an individual's efforts to obtain employment.
SB77-SSA1,786,221
49.147
(5) (bs)
Required hours. Except as provided in
par. pars. (bt)
and (bw),
22a Wisconsin works agency may require a participant placed in a transitional
23placement to engage in activities under par. (b) 1. for up to 28 hours per week. A
24Wisconsin works agency may require a participant placed in a transitional
1placement to participate in education or training activities under par. (bm) for not
2more than 12 hours per week.
SB77-SSA1,786,104
49.147
(5) (bt)
Motivational training. A Except as provided in par. (bw), a 5Wisconsin works agency may require a participant, during the first 2 weeks of
6participation under this subsection, to participate in an assessment and
7motivational training program identified by the community steering committee
8under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than
940 hours of participation per week under this paragraph in lieu of the participation
10requirement under par. (bs).
SB77-SSA1,786,1512
49.147
(5) (bw)
Certain single parents of disabled children. A participant may
13not be required to participate in education and training activities under par. (bm),
14the work requirement under par. (bs) or motivational training under par. (bt) if all
15of the following conditions are met:
SB77-SSA1,786,1616
1. The participant is a single parent of a disabled child.
SB77-SSA1,786,1817
2. The Wisconsin works agency determines that the participant is needed in
18the home for at least 40 hours per week to provide care for the disabled child.
SB77-SSA1,786,2320
49.147
(5) (c)
Worker's compensation. A participant under this subsection
who
21is not exempt under par. (bw) is an employe of the Wisconsin works agency for
22purposes of worker's compensation coverage, except to the extent that the person for
23whom the participant is performing work provides worker's compensation coverage.
SB77-SSA1,787,4
149.147
(6) (c)
Distribution and administration. From the
appropriation 2appropriations under s. 20.445 (3) (e)
, (jL) and (md), the department shall distribute
3funds for job access loans to a Wisconsin works agency, which shall administer the
4loans in accordance with rules promulgated by the department.
SB77-SSA1,787,96
49.147
(6) (d) 2. The individual has graduated from high school or has met the
7standards established by the
secretary of education
state superintendent of public
8instruction for the granting of a declaration of equivalency of high school graduation
9under s. 115.29 (4).
SB77-SSA1,787,2211
49.148
(1) (b)
Community service jobs. For a participant in a community service
12job, a monthly grant of
$555 $673, paid by the Wisconsin works agency
or by the
13department under sub. (2). For every hour that the participant misses work or
14education or training activities without good cause,
the Wisconsin works agency
15shall reduce the grant amount
shall be reduced by
$4.25 $5.15. Good cause shall be
16determined by the financial and employment planner in accordance with rules
17promulgated by the department. Good cause shall include required court
18appearances for a victim of domestic abuse.
If a participant in a community service
19job is required to work fewer than 30 hours per week because the participant has
20unsubsidized employment, as defined in s. 49.147 (1) (a), the grant amount under
21this paragraph may be reduced by an amount equal to the product of $5.15 and the
22difference between 30 and the number of hours the participant is required to work.
SB77-SSA1, s. 1815c
23Section 1815c. 49.148 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
24.... (this act), is renumbered 49.148 (1) (b) 1. and amended to read:
SB77-SSA1,788,7
149.148
(1) (b) 1. For a participant in a community service job
under s. 49.147
2(4) (b), a monthly grant of $673, paid by the Wisconsin works agency or by the
3department under sub. (2). For every hour that the participant misses work or
4education or training activities without good cause, the grant amount shall be
5reduced by $5.15. Good cause shall be determined by the financial and employment
6planner in accordance with rules promulgated by the department. Good cause shall
7include required court appearances for a victim of domestic abuse.
SB77-SSA1,788,129
49.148
(1) (b) 2. For a participant in a community service job under s. 49.147
10(4) (c), minimum wage for every hour actually worked in the community service job,
11not to exceed 15 hours per week, paid by the employer, as defined in s. 49.147 (4) (c)
121.
SB77-SSA1,788,2114
49.148
(1) (c)
Transitional placements. For a participant in a transitional
15placement, a grant of
$518 $628, paid monthly by the Wisconsin works agency
or by
16the department under sub. (2). For every hour that the participant fails to
17participate in any required activity without good cause, including any activity under
18s. 49.147 (5) (b) 1. a. to e.,
the Wisconsin works agency shall reduce the grant amount
19shall be reduced by
$4.25 $5.15. Good cause shall be determined by the financial and
20employment planner in accordance with rules promulgated by the department. Good
21cause shall include required court appearances for a victim of domestic abuse.
SB77-SSA1,789,923
49.148
(1m) (a) A custodial parent of a child who is 12 weeks old or less and
24who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a
25monthly grant of
$555 $673 unless another adult member of the custodial parent's
1Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin
2works employment position or is employed in unsubsidized employment, as defined
3in s. 49.147 (1) (a). A Wisconsin works agency may not require a participant under
4this subsection to participate in any employment positions. Receipt of a grant under
5this subsection does not constitute participation in a Wisconsin works employment
6position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b)
7or (5) (b) 2. if the child is born to the participant not more than 10 months after the
8date that the participant was first determined to be eligible for assistance under s.
949.19 or for a Wisconsin works employment position.
SB77-SSA1, s. 1817b
10Section 1817b. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin
11Act .... (this act), is amended to read:
SB77-SSA1,789,2312
49.148
(1m) (a) A custodial parent of a child who is 12 weeks old or less and
13who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a
14monthly grant of $673 unless another adult member of the custodial parent's
15Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin
16works employment position or is employed in unsubsidized employment, as defined
17in s. 49.147 (1) (a). A Wisconsin works agency may not require a participant under
18this subsection to participate in any employment positions. Receipt of a grant under
19this subsection does not constitute participation in a Wisconsin works employment
20position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b)
212. or (c) 4. or (5) (b) 2. if the child is born to the participant not more than 10 months
22after the date that the participant was first determined to be eligible for assistance
23under s. 49.19 or for a Wisconsin works employment position.
SB77-SSA1,790,10
149.148
(1m) (b) Receipt of a grant under this subsection constitutes
2participation in a Wisconsin works employment position for purposes of the time
3limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b)
2. or (c) 4. or (5) (b) 2. if the
4child is born to the participant more than 10 months after the date that the
5participant was first determined to be eligible for assistance under s. 49.19 or for a
6Wisconsin works employment position unless the child was conceived as a result of
7a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not
8indicate a freely given agreement to have sexual intercourse or of incest in violation
9of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a
10physician and to law enforcement authorities.
SB77-SSA1,790,1612
49.148
(3) Wisconsin works health plan. A If a waiver under s. 49.153 (1m)
13is granted and in effect or federal legislation that permits the application of s. 49.153
14is enacted, a participant in a Wisconsin works employment position shall participate
15in the Wisconsin works health plan under s. 49.153
. The participant and shall pay
16a premium in an amount and in the manner established under s. 49.153 (4) (d).
SB77-SSA1,791,518
49.148
(4) Drug testing. (a) A Wisconsin works agency shall require a
19participant in a community service job or transitional placement who, after August
2022, 1996, was convicted in any state or federal court of a felony that had as an element
21possession, use or distribution of a controlled substance to submit to a test for use of
22a controlled substance as a condition of continued eligibility. If the test results are
23positive, the Wisconsin works agency shall decrease the pre-sanction benefit
24amount for that participant by not more than 15% for not fewer than 12 months, or
25for the remainder of the participant's period of participation in a community service
1job or transitional placement, if less than 12 months. If, at the end of 12 months, the
2individual is still a participant in a community service job or transitional placement
3and submits to another test for use of a controlled substance and if the results of the
4test are negative, the Wisconsin works agency shall discontinue the reduction under
5this subsection.
SB77-SSA1,791,96
(b) The Wisconsin works agency may require an individual who tests positive
7for use of a controlled substance under par. (a) to participate in a drug abuse
8evaluation, assessment and treatment program as part of the participation
9requirement under s. 49.147 (4) (as) or (5) (bs).
SB77-SSA1,791,1210
(c) Paragraph (a) does not apply if the participant was convicted more than 5
11years prior to the date on which the participant applied for a Wisconsin works
12employment position.
SB77-SSA1,791,2214
49.152
(1) Petition for review. Any individual whose application for
any
15component of Wisconsin works
under s. 49.147 (1) to (5) is not acted upon by the
16Wisconsin works agency with reasonable promptness after the filing of the
17application, as defined by the department by rule, or is denied in whole or in part,
18whose benefit is modified or canceled, or who believes that the benefit was calculated
19incorrectly
or that the employment position in which the individual was placed is
20inappropriate, may petition the Wisconsin works agency for a review of such action.
21Review is unavailable if the action by the Wisconsin works agency occurred more
22than 45 days prior to submission of the petition for review.
SB77-SSA1, s. 1829
23Section
1829. 49.152 (2) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,792,524
49.152
(2) (a) (intro.) Upon a timely petition under sub. (1), the Wisconsin
25works agency shall give the applicant or participant reasonable notice and
1opportunity for a review. The Wisconsin works agency shall render its decision as
2soon as possible after the review and shall send
by 1st class mail a certified copy of
3its decision to the
last-known address of the applicant or participant. The Wisconsin
4works agency shall deny a petition for a review or shall refuse to grant relief if the
5petitioner does any of the following:
SB77-SSA1,792,97
49.152
(2) (b) 1. Within
15 14 days
of receiving after the date on which the
8certified copy of the decision of the Wisconsin works agency
is mailed, the applicant
9or participant petitions the department for a review of that decision.