49.124 (1g) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments establishing or enforcing a support order, if any appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
SECTION 1209q. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
49.124 (1m) (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) (b) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.
SECTION 1211d. 49.136 (2) (b) of the statutes is amended to read:
49.136 (2) (b) The department shall attempt to award grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employes, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children and child care providers that employ participants or former participants in a Wisconsin works employment position under s. 49.147 (3) to (5).
SECTION 1213. 49.1375 of the statutes is created to read:
49.1375 Early childhood excellence initiative. (1) The department shall establish a grant program to develop at least 5 early childhood centers for children under the age of 5 who are eligible to receive temporary assistance to needy families under 42 USC 601 et seq. Centers awarded a grant under this subsection shall provide outreach and training for parents of the children served by the center and training for child care providers. The centers shall emphasize stimulation of the child's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.
(2) The department shall establish a grant program under which a child care provider that receives training at a center that is awarded a grant under sub. (1) may apply for a grant to establish an early childhood program that serves children specified under sub. (1). The program developed under a grant received under this subsection shall emphasize stimulation of the children's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25% of the amount awarded under this subsection.
SECTION 1213g. 49.138 (1m) (intro.) of the statutes is amended to read:
49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:
SECTION 1213h. 49.138 (1m) (am) of the statutes is created to read:
49.138 (1m) (am) The family is experiencing a financial crisis that makes it very difficult for the family to make a rent payment, mortgage payment or property tax payment and the family has been notified that it will be required to leave its current housing if it does not make that payment immediately.
SECTION 1214. 49.141 (2) of the statutes is repealed.
SECTION 1215. 49.141 (2g) (a) of the statutes is renumbered 49.141 (2g).
SECTION 1216. 49.141 (2g) (b) of the statutes is repealed.
SECTION 1216m. 49.141 (4) of the statutes is amended to read:
49.141 (4) NONENTITLEMENT. Notwithstanding Except as provided in s. 49.145 (3m), notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
SECTION 1217. 49.143 (1) (a) of the statutes is amended to read:
49.143 (1) (a) Except as provided in par. (am), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph before the date that is specified in s. 49.141 (2) (d).
SECTION 1218. 49.143 (1) (am) 1. of the statutes is repealed and recreated to read:
49.143 (1) (am) 1. The department shall contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department in accordance with sub. (3), during the immediately preceding contract period. The contract shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under this subdivision if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election.
SECTION 1219. 49.143 (1) (am) 2. of the statutes is amended to read:
49.143 (1) (am) 2. A county or tribal governing body Wisconsin works agency that has not met the aid to families with dependent children caseload performance standards established by the department may apply for a contract under the competitive process established under par. (a).
SECTION 1220. 49.143 (1) (at) of the statutes is repealed.
SECTION 1220m. 49.143 (2) (a) 7. of the statutes is amended to read:
49.143 (2) (a) 7. Coordinate with the governor's council on workforce excellence under s. 106.115 council on workforce investment established under 29 USC 2821 to ensure compatibility of purpose and no duplication of effort.
SECTION 1221. 49.143 (2) (cr) of the statutes is amended to read:
49.143 (2) (cr) Provide, or contract with another person to provide, budgeting and financial planning services, including credit establishment and credit repair assistance training to participants. Prior to providing, or contracting with another to provide, the assistance specified under this paragraph, the Wisconsin works agency shall submit a proposed plan for the provision of that assistance to the department. The secretary shall submit each proposed plan to the cochairpersons of the joint committee on finance. If, within 14 days after receiving the proposed plans, the cochairpersons do not notify the secretary that the joint committee on finance has scheduled a meeting for the purpose of reviewing the proposed plans, the department shall direct each Wisconsin works agency that submitted proposed plans to implement the plans. If, within 14 days, the co-chairs notify the secretary that they have scheduled a meeting for the purpose of reviewing the proposed plans, no Wisconsin works agency may implement its plan until the joint committee on finance approves the plan. Every January 31, the department shall submit to the joint committee on finance a report specifying the total amount expended in the previous year for the provision of credit establishment and credit repair assistance under this paragraph.
SECTION 1221h. 49.143 (2) (ct) of the statutes is created to read:
49.143 (2) (ct) Return to the department an amount equal to the total amount of benefits withheld under s. 49.148 for missed work or education and training activities.
SECTION 1222. 49.143 (2) (e) of the statutes is amended to read:
49.143 (2) (e) To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with 7 USC 2011 to 2029. If the department receives the federal waiver necessary to enforce the contract provision under this paragraph, the department shall submit to the joint committee on finance the terms of the waiver and an implementation plan prior to enforcing the contract provision under this paragraph.
SECTION 1224c. 49.143 (3) of the statutes is amended to read:
49.143 (3) PERFORMANCE STANDARDS. The In consultation with the statewide advisory group and special work groups established under sub. (3m), the department shall establish performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold or recover any or all payment from the Wisconsin works agency.
SECTION 1224d. 49.143 (3g) of the statutes is created to read:
49.143 (3g) PERFORMANCE BONUSES. (a) The department shall base any performance bonus calculation that it makes for Wisconsin works agencies on all of the following performance criteria:
1. The placement of applicants for and participants in Wisconsin works employment positions into unsubsidized employment, as defined in s. 49.147 (1) (c).
2. Whether the placement under subd. 1. is full time or part time.
3. The job retention rate, as defined by the department, of former applicants for, and former participants in, Wisconsin works employment positions.
4. Wages and benefits earned by former applicants for, and former participants in, Wisconsin works employment positions.
5. Appropriate implementation of Wisconsin works.
6. Customer satisfaction.
(b) The department may not base any performance bonus payments on caseload decreases, or reduced spending by the Wisconsin works agency, that are not directly attributable to placement of participants in unsubsidized employment.
(c) The department shall develop a system by which the department may track former participants and former applicants for Wisconsin works to facilitate an assessment of how successfully each Wisconsin works agency has met the performance criteria specified in par. (a).
SECTION 1224p. 49.143 (3m) of the statutes is created to read:
49.143 (3m) STATEWIDE ADVISORY GROUP. The department shall establish a statewide advisory group to provide a forum for any person to raise concerns and to receive or provide information about programs and policies regarding Wisconsin works, including the Wisconsin works agency contract process. The department shall develop regional forums and special work groups to address issues of concern raised at the meetings of the statewide advisory group and shall allow any person to participate in the work groups.
SECTION 1224r. 49.145 (2) (d) of the statutes is repealed and recreated to read:
49.145 (2) (d) The individual has residence in this state.
SECTION 1225. 49.145 (2) (n) 1. a. of the statutes is amended to read:
49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program begins to count counts toward the 60-month limit beginning on October 1, 1996.
SECTION 1226. 49.145 (3) (a) of the statutes is amended to read:
49.145 (3) (a) Resource limitations. The individual is a member of a Wisconsin works group whose assets do not exceed $2,500 in combined equity value. In determining the combined equity value of assets, the Wisconsin works agency shall exclude the equity value of vehicles up to a total equity value of $10,000, the value of an individual development account established under s. 49.187 and one home that serves as the homestead for the Wisconsin works group.
SECTION 1227. 49.145 (3) (b) 2. of the statutes is repealed.
SECTION 1227m. 49.145 (3m) of the statutes is created to read:
49.145 (3m) PLACEMENT. (a) Within 30 days after an individual applies for a Wisconsin works employment position, the Wisconsin works agency shall place the individual in a Wisconsin works employment position if the individual meets all of the eligibility requirements under this section and if the individual is unable to find unsubsidized employment, as defined in s. 49.147 (1) (c), despite the individual's reasonable effort to search for unsubsidized employment.
(b) In the case of an individual who is incapable of performing a job search, the Wisconsin works agency shall place the individual in a Wisconsin works employment position immediately after making a determination that an individual otherwise meets the eligibility requirements under this section.
SECTION 1228. 49.145 (4) of the statutes is amended to read:
49.145 (4) REVIEW OF ELIGIBILITY. A Wisconsin works agency shall periodically review an individual's eligibility. The individual remains eligible under sub. (3) until the Wisconsin works group's assets exceed the asset limits for at least 2 months or until the or income of the Wisconsin works group is expected to exceed the asset or income limits limit under sub. (3) for at least 2 consecutive months.
SECTION 1229. 49.147 (1m) of the statutes is created to read:
49.147 (1m) EDUCATIONAL NEEDS ASSESSMENT. Upon determining that the appropriate placement for an individual is in unsubsidized employment or a trial job, the Wisconsin works agency shall conduct an educational needs assessment of the individual. If the Wisconsin works agency determines that the individual needs basic education, including a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, and if the individual wishes to pursue basic education, the Wisconsin works agency shall include basic education in an employability plan developed for the individual. The Wisconsin works agency shall pay for the basic education services identified in the employability plan.
SECTION 1229q. 49.147 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:
49.147 (4) COMMUNITY SERVICE JOB. (a) Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial job. In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. After each 6 months of an individual's participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works agency shall reassess the individual's employability.
(am) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
(as) Required hours. Except as provided in pars. (at) and (av), a Wisconsin works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works agency to be appropriate for the participant at the time of application or review, but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week.
(at) Motivational training. 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. (as).
(av) Education for 18-year-old and 19-year-old students. A Wisconsin works agency shall permit a participant under this subsection who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or, at the option of the participant, to enroll in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation under par. (as).
(b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial job opportunities are available in the specified local labor market.
(c) Worker's compensation. A participant under this subsection 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.
SECTION 1235. 49.1475 of the statutes is created to read:
49.1475 Follow-up services. Following any follow-up period required by the contract entered into under s. 49.143, a Wisconsin works agency may provide case management services for an individual who moves from a Wisconsin works employment position to unsubsidized employment to help the individual retain the unsubsidized employment. Case management services may include the provision of employment skills training; English as a 2nd language classes, if the Wisconsin works agency determines that the course will facilitate the individual's efforts to retain employment; a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; or other remedial education courses. The Wisconsin works agency may provide case management services regardless of the individual's income and asset levels.
SECTION 1236. 49.148 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
49.148 (1) (b) 1. For Except as provided in subd. 1m., 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 shall equal the amount specified under subd. 1m. minus $5.15 for each hour that the participant misses work or education or training activities without good cause.
SECTION 1236c. 49.148 (1) (b) 1m. of the statutes is created to read:
49.148 (1) (b) 1m. Except as provided in subd. 1., the Wisconsin works agency shall pay a participant in a community service job the following:
a. For a participant placed in a community service job for not more than 10 hours per week, one-third of the amount specified in subd. 1m. d.
b. For a participant placed in a community service job for more than 10 hours but not more than 15 hours per week, one-half of the amount specified under subd. 1m. d.
c. For a participant placed in a community service job for more than 15 hours but not more than 20 hours per week, two-thirds of the amount specified under subd. 1m. d.
d. For a participant placed in a community service job for more than 20 hours per week, $673.
SECTION 1237b. 49.148 (1) (b) 2. of the statutes is repealed.
SECTION 1237m. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, 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.
SECTION 1237n. 49.148 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, 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.
SECTION 1237p. 49.148 (2m) of the statutes is created to read:
49.148 (2m) PAY PERIOD. Benefits under this section shall be paid on the first day of each month. The payment shall be for any participation from the 26th day of the month immediately preceding the month that immediately precedes the month in which the payment is made through the 25th day of the month that immediately precedes the month in which the payment is made. The payment may be prorated to account for participation that begins after the start of the payment period, but in any case shall be made not more than 36 days after the participation begins.
SECTION 1241. 49.155 (1) (aL) of the statutes is created to read:
49.155 (1) (aL) "Disabled" means physically or mentally incapable of caring for oneself.
SECTION 1244. 49.155 (1g) (intro.) of the statutes is amended to read:
49.155 (1g) DISTRIBUTION OF FUNDS. (intro.) Subject to sub. (1j) and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:
