AB100-engrossed,857,64
(b)
Grant-paying community service job. 1. `Required hours.' Except as
5provided in subd. 1m., a participant under this paragraph may be required to
6participate in any of the following:
AB100-engrossed,857,197
a. Education and training activities for not more than 10 hours per week
8assigned as part of an employability plan developed by the Wisconsin works agency.
9The department shall establish by rule permissible education and training under
10this subd. 1. a., which shall include a course of study meeting the standards
11established under s. 115.29 (4) for the granting of a declaration of equivalency of high
12school graduation, technical college courses and educational courses that provide an
13employment skill. Permissible education under this subd. 1. a. shall also include
14English as a 2nd language courses that the Wisconsin works agency determines
15would facilitate an individual's efforts to obtain employment and adult basic
16education courses that the Wisconsin works agency determines would facilitate an
17individual's efforts to obtain employment. Participation in customized training, as
18described in s. 49.143 (2) (ep) 1., shall be considered participation in education and
19training activities under this subd. 1. a.
AB100-engrossed,857,2320
b. A community service job for not more than 30 hours per week. To the extent
21that the participation in customized training, as described in s. 49.143 (2) (ep) 1.,
22exceeds 10 hours per week, it shall be considered participation in a community
23service job under this subd. 1. b.
AB100-engrossed,858,324
c. For the first 2 weeks of participation under this paragraph, an assessment
25and motivational training program identified by the community steering committee
1under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than
240 hours of participation per week under this subd. 1. c. in lieu of the participation
3requirements under subd. 1. a. and b.
AB100-engrossed,858,104
1m. `Education for 18-year-old and 19-year-old students.' A Wisconsin works
5agency shall permit a participant under this paragraph who has not attained the age
6of 20 and who has not obtained a high school diploma or a declaration of equivalency
7of high school graduation to attend high school or enroll in a course of study meeting
8the standards established under s. 115.29 (4) for the granting of a declaration of
9equivalency of high school graduation to satisfy, in whole or in part, the required
10hours of participation in a community service job under subd. 1.
AB100-engrossed,858,2511
2. `Time-limited participation.' An individual may participate under this
12paragraph in a particular community service job for a maximum of 6 months, with
13an opportunity for a 3-month extension under circumstances approved by the
14department. An individual may participate in more than one community service job
15under this paragraph, but may not exceed a total of 24 months of participation under
16this subsection. The months need not be consecutive. The department or, with the
17approval of the department, the Wisconsin works agency may grant an extension to
18the 24-month limit on a case-by-case basis if the Wisconsin works agency
19determines that the individual has made all appropriate efforts to find unsubsidized
20employment and has been unable to find unsubsidized employment because local
21labor market conditions preclude a reasonable employment opportunity in
22unsubsidized employment for that participant, as determined by a Wisconsin works
23agency and approved by the department, and if the Wisconsin works agency
24determines, and the department agrees, that no trial job opportunities are available
25in the specified local labor market.
AB100-engrossed,859,4
13. `Worker's compensation.' A participant under this paragraph is an employe
2of the Wisconsin works agency for purposes of worker's compensation coverage,
3except to the extent that the person for whom the participant is performing work
4provides worker's compensation.
AB100-engrossed,859,85
(c)
Wage-paying community service job. 1. `Definition.' In this paragraph,
6"employer" means a nonprofit, nonstock corporation organized under ch. 181 with
7which the Wisconsin works agency contracts under subd. 1m. to provide employment
8to a participant.
AB100-engrossed,859,129
1g. `Limited scope.' The department shall permit this paragraph to be
10implemented by 2 Wisconsin works agencies in Milwaukee County that are selected
11by the department based on requests received by the department from those
12Wisconsin works agencies.
AB100-engrossed,859,1713
1m. `Employment arrangement.' A Wisconsin works agency may contract with
14a nonprofit, nonstock corporation organized under ch. 181 to provide employment to
15the participant. The contract shall require the Wisconsin works agency to reimburse
16the employer for the amounts paid by the employer for the wages and payroll taxes
17of the participant.
AB100-engrossed,859,2018
2. `Eligibility.' A Wisconsin works agency may not place an individual under
19this paragraph unless the individual is working at least 15 hours per week in an
20unsubsidized job.
AB100-engrossed,859,2321
3. `Work supplementation.' The Wisconsin works agency may require a
22participant under this paragraph to work not more than the lesser of the following
23in a community service job under this paragraph:
AB100-engrossed,859,2424
a. Fifteen hours per week.
AB100-engrossed,860,2
1b. The difference between 40 hours and the number of hours that the
2participant works in an unsubsidized job.
AB100-engrossed,860,173
4. `Time-limited participation.' An individual may participate under this
4paragraph in a particular community service job for a maximum of 3 months, with
5an opportunity for a one-month extension under circumstances approved by the
6department. An individual may participate in more than one community service job
7under this paragraph, but may not exceed a total of 24 months of participation under
8this subsection. The months need not be consecutive. The department or, with the
9approval of the department, the Wisconsin works agency may grant an extension to
10the 24-month limit on a case-by-case basis if the Wisconsin works agency
11determines that the individual has made all appropriate efforts to find unsubsidized
12employment and has been unable to find adequate unsubsidized employment
13because local labor market conditions preclude a reasonable employment
14opportunity in unsubsidized employment for that participant, as determined by a
15Wisconsin works agency and approved by the department, and if the Wisconsin
16works agency determines, and the department agrees, that no trial job opportunities
17are available in the specified local labor market.
AB100-engrossed,860,2118
5. `Worker's compensation.' The Wisconsin works agency shall provide the
19participant with worker's compensation coverage, except to the extent that the
20employer for whom the participant is performing work provides worker's
21compensation.
AB100-engrossed,860,2222
6. `Sunset.' This paragraph does not apply after September 30, 2001.
AB100-engrossed,861,724
49.147
(4) (as)
Required hours. Except as provided in
par. pars. (at)
and (av),
25a Wisconsin works agency may require a participant placed in a community service
1job program to work not more than 30 hours per week in a community service job.
2A Wisconsin works agency may require a participant placed in the community
3service job program to participate in education or training activities for not more
4than 10 hours per week.
Participation in customized training, as described in s.
549.143 (2) (ep) 1., shall be considered participation in education and training
6activities. To the extent that the participation in customized training exceeds 10
7hours per week, it shall also be considered part of the work requirement.
AB100-engrossed,861,169
49.147
(4) (av)
Education for 18-year-old and 19-year-old students. A
10Wisconsin works agency shall permit a participant under this subsection who has not
11attained the age of 20 and who has not obtained a high school diploma or a
12declaration of equivalency of high school graduation to attend high school or enroll
13in a course of study meeting the standards established under s. 115.29 (4) for the
14granting of a declaration of equivalency of high school graduation to satisfy, in whole
15or in part, the required hours of participation in a community service job under par.
16(as).
AB100-engrossed,862,418
49.147
(5) (bm)
Education or training activities. A Except as provided in par.
19(bw), a participant under this subsection may be required to participate in education
20and training activities assigned as part of an employability plan developed by the
21Wisconsin works agency. The department shall establish by rule permissible
22education and training under this paragraph, which shall include a course of study
23meeting the standards established under s. 115.29 (4) for the granting of a
24declaration of equivalency of high school graduation, technical college courses and
25educational courses that provide an employment skill. Permissible education under
1this paragraph shall also include English as a 2nd language courses that the
2Wisconsin works agency determines would facilitate an individual's efforts to obtain
3employment and adult basic education courses that the Wisconsin works agency
4determines would facilitate an individual's efforts to obtain employment.
AB100-engrossed,862,116
49.147
(5) (bs)
Required hours. Except as provided in
par. pars. (bt)
and (bw),
7a Wisconsin works agency may require a participant placed in a transitional
8placement to engage in activities under par. (b) 1. for up to 28 hours per week. A
9Wisconsin works agency may require a participant placed in a transitional
10placement to participate in education or training activities under par. (bm) for not
11more than 12 hours per week.
AB100-engrossed,862,1913
49.147
(5) (bt)
Motivational training. A Except as provided in par. (bw), a 14Wisconsin works agency may require a participant, during the first 2 weeks of
15participation under this subsection, to participate in an assessment and
16motivational training program identified by the community steering committee
17under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than
1840 hours of participation per week under this paragraph in lieu of the participation
19requirement under par. (bs).
AB100-engrossed,862,2421
49.147
(5) (bw)
Certain single parents of disabled children. A participant may
22not be required to participate in education and training activities under par. (bm),
23the work requirement under par. (bs) or motivational training under par. (bt) if all
24of the following conditions are met:
AB100-engrossed,862,2525
1. The participant is a single parent of a disabled child.
AB100-engrossed,863,2
12. The Wisconsin works agency determines that the participant is needed in
2the home for at least 40 hours per week to provide care for the disabled child.
AB100-engrossed,863,74
49.147
(5) (c)
Worker's compensation. A participant under this subsection
who
5is not exempt under par. (bw) is an employe of the Wisconsin works agency for
6purposes of worker's compensation coverage, except to the extent that the person for
7whom the participant is performing work provides worker's compensation coverage.
AB100-engrossed,863,129
49.147
(6) (c)
Distribution and administration. From the
appropriation 10appropriations under s. 20.445 (3) (e)
, (jL) and (md), the department shall distribute
11funds for job access loans to a Wisconsin works agency, which shall administer the
12loans in accordance with rules promulgated by the department.
AB100-engrossed,863,1714
49.147
(6) (d) 2. The individual has graduated from high school or has met the
15standards established by the
secretary of education
state superintendent of public
16instruction for the granting of a declaration of equivalency of high school graduation
17under s. 115.29 (4).
AB100-engrossed,864,519
49.148
(1) (b)
Community service jobs. For a participant in a community service
20job, a monthly grant of $555, paid by the Wisconsin works agency
or by the
21department under sub. (2). For every hour that the participant misses work or
22education or training activities without good cause,
the Wisconsin works agency
23shall reduce the grant amount
shall be reduced by $4.25. Good cause shall be
24determined by the financial and employment planner in accordance with rules
25promulgated by the department. Good cause shall include required court
1appearances for a victim of domestic abuse.
If a participant in a community service
2job is required to work fewer than 30 hours per week because the participant has
3unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this
4paragraph may be reduced by an amount equal to the product of $4.25 and the
5difference between 30 and the number of hours the participant is required to work.
AB100-engrossed, s. 1815c
6Section 1815c. 49.148 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
7.... (this act), is renumbered 49.148 (1) (b) 1. and amended to read:
AB100-engrossed,864,198
49.148
(1) (b) 1. For a participant in a community service job
under s. 49.147
9(4) (b), a monthly grant of $555, paid by the Wisconsin works agency or by the
10department under sub. (2). For every hour that the participant misses work or
11education or training activities without good cause, the grant amount shall be
12reduced by $4.25. Good cause shall be determined by the financial and employment
13planner in accordance with rules promulgated by the department. Good cause shall
14include required court appearances for a victim of domestic abuse. If a participant
15in a community service job
under s. 49.147 (4) (b) is required to work fewer than 30
16hours per week because the participant has unsubsidized employment, as defined in
17s. 49.147 (1) (c), the grant amount under this paragraph may be reduced by an
18amount equal to the product of $4.25 and the difference between 30 and the number
19of hours the participant is required to work.
AB100-engrossed,864,2421
49.148
(1) (b) 2. For a participant in a community service job under s. 49.147
22(4) (c), minimum wage for every hour actually worked in the community service job,
23not to exceed 15 hours per week, paid by the employer, as defined in s. 49.147 (4) (c)
241.
AB100-engrossed,865,8
149.148
(1) (c)
Transitional placements. For a participant in a transitional
2placement, a grant of $518, paid monthly by the Wisconsin works agency
or by the
3department under sub. (2). For every hour that the participant fails to participate
4in any required activity without good cause, including any activity under s. 49.147
5(5) (b) 1. a. to e.,
the Wisconsin works agency shall reduce the grant amount
shall be
6reduced by $4.25. Good cause shall be determined by the financial and employment
7planner in accordance with rules promulgated by the department. Good cause shall
8include required court appearances for a victim of domestic abuse.
AB100-engrossed,865,2110
49.148
(1m) (a) A custodial parent of a child who is 12 weeks old or less and
11who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a
12monthly grant of $555
unless another adult member of the custodial parent's
13Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin
14works employment position or is employed in unsubsidized employment, as defined
15in s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under
16this subsection to participate in any employment positions. Receipt of a grant under
17this subsection does not constitute participation in a Wisconsin works employment
18position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b)
19or (5) (b) 2. if the child is born to the participant not more than 10 months after the
20date that the participant was first determined to be eligible for assistance under s.
2149.19 or for a Wisconsin works employment position.
AB100-engrossed, s. 1817b
22Section 1817b. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin
23Act .... (this act), is amended to read:
AB100-engrossed,866,1024
49.148
(1m) (a) A custodial parent of a child who is 12 weeks old or less and
25who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a
1monthly grant of $555 unless another adult member of the custodial parent's
2Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin
3works employment position or is employed in unsubsidized employment, as defined
4in s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under
5this subsection to participate in any employment positions. Receipt of a grant under
6this subsection does not constitute participation in a Wisconsin works employment
7position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b)
82. or (c) 4. or (5) (b) 2. if the child is born to the participant not more than 10 months
9after the date that the participant was first determined to be eligible for assistance
10under s. 49.19 or for a Wisconsin works employment position.
AB100-engrossed,866,2112
49.148
(1m) (b) Receipt of a grant under this subsection constitutes
13participation in a Wisconsin works employment position for purposes of the time
14limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b)
2. or (c) 4. or (5) (b) 2. if the
15child is born to the participant more than 10 months after the date that the
16participant was first determined to be eligible for assistance under s. 49.19 or for a
17Wisconsin works employment position unless the child was conceived as a result of
18a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not
19indicate a freely given agreement to have sexual intercourse or of incest in violation
20of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a
21physician and to law enforcement authorities.
AB100-engrossed,867,1224
49.148
(4) Drug testing. (a) A Wisconsin works agency shall require a
25participant in a community service job or transitional placement who, after August
122, 1996, was convicted in any state or federal court of a felony that had as an element
2possession, use or distribution of a controlled substance to submit to a test for use of
3a controlled substance as a condition of continued eligibility. If the test results are
4positive, the Wisconsin works agency shall decrease the pre-sanction benefit
5amount for that participant by not more than 15% for not fewer than 12 months, or
6for the remainder of the participant's period of participation in a community service
7job or transitional placement, if less than 12 months. The Wisconsin works agency
8may require the participant to submit to a test for the use of a controlled substance
9not more than every 3 months. If, at the end of 12 months, the result of each test is
10negative and the individual is still a participant in a community service job or
11transitional placement, the Wisconsin works agency shall discontinue the reduction
12under this subsection.
AB100-engrossed,867,1613
(b) The Wisconsin works agency may require an individual who tests positive
14for use of a controlled substance under par. (a) to participate in a drug abuse
15evaluation, assessment and treatment program as part of the participation
16requirement under s. 49.147 (4) (as) or (5) (bs).
AB100-engrossed,867,1917
(c) Paragraph (a) does not apply if the participant was convicted more than 5
18years prior to the date on which the participant applied for a Wisconsin works
19employment position.
AB100-engrossed,867,23
2149.15 Wisconsin works; 2-parent families. (1) Definition. In this section,
22"other parent" means a parent who is not a participant in a Wisconsin works
23employment position.
AB100-engrossed,868,9
24(2) Requirements for nonparticipant parent. (a) If a participant in a
25Wisconsin works employment position resides with the other parent of a dependent
1child with respect to whom the participant is a custodial parent, the other parent
2shall participate in activities described under sub. (3) if the Wisconsin works group
3receives federally funded child care assistance on behalf of the dependent child. The
4other parent shall participate in activities described under sub. (3) for a number of
5hours per week that is at least equal to the difference between 55 hours and the sum
6of the number of hours that the participant in the Wisconsin works employment
7position participates in the Wisconsin works employment position and the number
8of hours that the participant in the Wisconsin works employment position
9participates in any activity described in sub. (3) during that week.
AB100-engrossed,868,1210
(b) Paragraph (a) does not apply if the other parent is disabled, as defined by
11the department, or is caring for a severely disabled child, as defined by the
12department.
AB100-engrossed,868,15
13(3) Prescribed work activities. An individual who is subject to the work
14requirement under sub. (2) may satisfy the requirement only by participating in any
15of the following activities:
AB100-engrossed,868,1616
(a) Unsubsidized employment, as defined in s. 49.147 (1) (a).
AB100-engrossed,868,1717
(b) Subsidized employment, as defined by the department.
AB100-engrossed,868,1918
(c) If sufficient private sector employment is not available, work experience, as
19defined by the department.
AB100-engrossed,868,2020
(d) On-the-job training, as defined by the department.
AB100-engrossed,868,2121
(e) A community service program, as defined by the department.
AB100-engrossed,869,9
22(4) Grant. An individual who satisfies the requirement under sub. (2) by
23participating in any of the activities under sub. (3) (b) to (e) shall receive a monthly
24grant of $555, paid by the Wisconsin works agency. For every hour that the
25individual fails to participate for the required hours under sub. (2) without good
1cause and for every hour that the individual participates in an activity under sub.
2(3) (a) to satisfy the requirement under sub. (2), the grant amount shall be reduced
3by $4.25. Good cause shall be determined by the financial and employment planner
4in accordance with rules promulgated by the department. Good cause shall include
5required court appearances for a victim of domestic violence. If the individual is
6required under sub. (2) to work fewer than 30 hours per week, the grant amount shall
7be reduced by an amount equal to the product of $4.25 and the difference between
830 and the number of hours that the individual is required to participate under sub.
9(2).
AB100-engrossed,869,2311
49.151
(1) Refusal to participate. (intro.) A participant who refuses to
12participate 3 times in any Wisconsin works employment position component is
13ineligible to participate in that component.
A participant is also ineligible to
14participate in that Wisconsin works employment position component if an individual
15in the participant's Wisconsin works group is subject to the work requirement under
16s. 49.15 (2) and refuses 3 times to participate as required.
A participant whom the
17Wisconsin works agency has determined is ineligible under this section for a
18particular Wisconsin works employment position component may be eligible to
19participate in any other Wisconsin works employment position component in which
20the participant has not refused to participate 3 times. A participant
refuses to
21participate in a Wisconsin works employment position component if the participant
22does or an individual who is subject to the work requirement under s. 49.15 (2)
23demonstrates a refusal to participate if any of the following
applies:
AB100-engrossed,870,4
149.151
(1) (a)
Expresses
The participant, or an individual who is in the
2participant's Wisconsin works group and who is subject to the work requirement
3under s. 49.15 (2), expresses verbally or in writing to a Wisconsin works agency that
4he or she refuses to participate.
AB100-engrossed,870,126
49.151
(1) (b)
Fails The participant, or an individual who is in the participant's
7Wisconsin works group and who is subject to the work requirement under s. 49.15
8(2), fails, without good cause, as determined by the Wisconsin works agency, to
9appear for an interview with a prospective employer or, if the participant is in a
10Wisconsin works transitional placement,
the participant fails to appear for an
11assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e., without good
12cause, as determined by the Wisconsin works agency.
AB100-engrossed,870,1714
49.151
(1) (c)
Voluntarily The participant, or an individual who is in the
15participant's Wisconsin works group and who is subject to the work requirement
16under s. 49.15 (2), voluntarily leaves appropriate employment or training without
17good cause, as determined by the Wisconsin works agency.
AB100-engrossed,870,2119
49.151
(1) (d)
Loses The participant, or an individual who is in the participant's
20Wisconsin works group and who is subject to the work requirement under s. 49.15
21(2), loses employment as a result of being discharged for cause.
AB100-engrossed,871,223
49.151
(1) (e)
Demonstrates The participant, or an individual who is in the
24participant's Wisconsin works group and who is subject to the work requirement
25under s. 49.15 (2), demonstrates through other behavior or action, as specified by the
1department by rule, that he or she refuses to participate in a Wisconsin works
2employment position.
AB100-engrossed,871,124
49.152
(1) Petition for review. Any individual whose application for
any
5component of Wisconsin works
under s. 49.147 (1) to (5) is not acted upon by the
6Wisconsin works agency with reasonable promptness after the filing of the
7application, as defined by the department by rule, or is denied in whole or in part,
8whose benefit is modified or canceled, or who believes that the benefit was calculated
9incorrectly
or that the employment position in which the individual was placed is
10inappropriate, may petition the Wisconsin works agency for a review of such action.
11Review is unavailable if the action by the Wisconsin works agency occurred more
12than 45 days prior to submission of the petition for review.
AB100-engrossed,871,2014
49.152
(2) (a) (intro.) Upon a timely petition under sub. (1), the Wisconsin
15works agency shall give the applicant or participant reasonable notice and
16opportunity for a review. The Wisconsin works agency shall render its decision as
17soon as possible after the review and shall send
by 1st class mail a certified copy of
18its decision to the
last-known address of the applicant or participant. The Wisconsin
19works agency shall deny a petition for a review or shall refuse to grant relief if the
20petitioner does any of the following:
AB100-engrossed,871,2422
49.152
(2) (b) 1. Within
15 21 days
of receiving after the date on which the
23certified copy of the decision of the Wisconsin works agency
is mailed, the applicant
24or participant petitions the department for a review of that decision.
AB100-engrossed,872,3
149.152
(2) (c) 1. Within
15
21 days after
receiving the date on which the certified
2copy of the decision of the Wisconsin works agency
is mailed, the applicant petitions
3the department for a review of the decision.
AB100-engrossed,872,185
49.152
(2) (d) If the department reviews a decision under par. (b) and upon
6receipt of a petition or request under par. (c) the department shall give the applicant
7or participant reasonable notice and opportunity for a fair hearing and shall permit
8the applicant or participant to present evidence and testimony and to be represented
9by counsel at the hearing and to have access to records in preparation for the hearing.
10The department may make any additional investigation that it considers necessary.
11Notice of the hearing shall be given to the applicant or participant and, if
12appropriate, to the county clerk. The Wisconsin works agency may be represented
13at the hearing. The department shall render its decision as soon as possible after the
14hearing and shall send a certified copy of its decision to the applicant or participant,
15the county clerk, if appropriate, and the Wisconsin works agency. The decision of the
16department shall be final, but may be revoked or modified as altered conditions may
17require. The department shall deny a petition for a hearing or shall refuse to grant
18relief if the applicant or participant does any of the following: