LRB-4001/5
PJK:jld:pg
2003 - 2004 LEGISLATURE
March 2, 2004 - Introduced by Representatives Huebsch, Jeskewitz, Zepnick,
Gunderson, Miller, Montgomery, Shilling, Sinicki and Taylor, cosponsored
by Senators Roessler, Darling, Moore, Plale, Robson and Jauch. Referred
to Committee on Children and Families.
AB921,1,7
1An Act to repeal 227.01 (13) (zL);
to amend 49.148 (1m) (a), 49.148 (1m) (b),
249.155 (1m) (a) 3., 71.07 (2dx) (b) 2., 71.07 (2dx) (b) 3., 71.07 (2dx) (b) 4., 71.07
3(2dx) (b) 5., 71.28 (1dx) (b) 2., 71.28 (1dx) (b) 3., 71.28 (1dx) (b) 4., 71.28 (1dx)
4(b) 5., 71.47 (1dx) (b) 2., 71.47 (1dx) (b) 3., 71.47 (1dx) (b) 4. and 71.47 (1dx) (b)
55.;
to create 49.147 (3) (d) and 227.01 (13) (zL) of the statutes; and
to affect
62003 Wisconsin Act 33, section
9159 (4f);
relating to: a trial jobs plus
7demonstration project under the Wisconsin Works program.
Analysis by the Legislative Reference Bureau
The Wisconsin Works (W-2) program under current law provides work
experience and benefits for low-income custodial parents who are at least 18 years
old, as well as job search assistance to noncustodial parents who are required to pay
child support, to minor custodial parents, and to pregnant women who are not
custodial parents. Also, an individual who is the parent of a child under the age of
13 or, if the child is disabled, under the age of 19, is eligible for a child care subsidy
under the W-2 program if the individual needs child care services in order to
participate in various educational or work activities. The W-2 program, which is
funded with federal Temporary Assistance for Needy Families (TANF) block grant
moneys, federal child care block grant moneys, and state general purpose revenue,
is administered by the Department of Workforce Department (DWD), which in turn
contracts with W-2 agencies to administer the program on the local level.
The work components under W-2, called employment positions, consist of three
categories: 1) trial jobs, under which an individual receives at least minimum wage
from an employer and the W-2 agency pays a wage subsidy of up to $300 per month
to the employer; 2) community service jobs, under which an individual works in a
project that serves a useful public purpose or that will generate revenue to wholly
or partially offset the project's cost and receives a monthly grant of up to $673 from
the W-2 agency; and 3) transitional placements, under which an individual
participates in work activities in a community rehabilitation program, a job similar
to a community service job, or volunteer activities and receives a monthly grant of
up to $628 from the W-2 agency. Employers for all employment positions must meet
criteria established by DWD by rule, and all participants in all employment positions
must search for unsubsidized employment the entire time that they are participating
in any W-2 employment position. Also under current law, DWD is directed to
continue the creation and implementation of a subsidized work program.
This bill eliminates the directive to DWD to continue the creation and
implementation of a subsidized work program and requires DWD to conduct, from
July 1, 2004, to December 31, 2005, a demonstration project for a trial jobs plus
program. The demonstration project must be limited to no more than four of the
geographical areas of the state that DWD has established for administration of the
W-2 program by each of the W-2 agencies and to no more than 1,000 participants.
Under the project, a W-2 agency pays a wage subsidy, as well as reimbursing up to
100 percent of federal social security taxes, state and federal unemployment
contributions, and worker's compensation insurance premiums, to an employer that
employs a project participant and that agrees to make a good faith effort to retain the
participant as an unsubsidized employee after the wage subsidy ends if the
participant successfully completes participation in the trial job plus. If the employer
does not retain the participant, the employer must serve as an employment reference
for the participant or provide a written performance evaluation of the participant,
including recommendations for improvement. The wage subsidy may not exceed the
federal minimum wage for no more than 30 hours of work per week, and any required
training activities are counted toward the participant's work hours. An individual
may participate in a trial job plus for up to six months, with a possible three-month
extension.
The bill requires DWD to request funding for the project from the Joint
Committee on Finance and, along with the request, to detail the proposed project
budget, how the project will be implemented, and the criteria that will be used to
select the participants. In addition, on or about January 1, 2005, July 1, 2005, and
March 1, 2006, DWD must submit reports to the legislature that describe the project
participants, how many were offered permanent jobs by their trail jobs plus
employers, the average cost per participant, a follow-up on the employment status
of each participant after he or she leaves the project, and an accounting of the
expenditures under the project.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB921, s. 1
1Section
1. 49.147 (3) (d) of the statutes is created to read:
AB921,3,42
49.147
(3) (d)
Trial jobs plus demonstration project. The department shall
3design and, from July 1, 2004, to December 31, 2005, conduct a demonstration project
4for a trial jobs plus program that includes the following features:
AB921,3,65
1. The project is limited to no more than 4 of the geographical areas established
6by the department under s. 49.143 (6) and to no more than 1,000 participants.
AB921,3,107
2. Except as otherwise provided in this paragraph, all provisions of the statutes
8that apply to the trial job program or a trial job under this subsection apply to the
9demonstration project or a trial job plus under this paragraph, including eligibility
10requirements.
AB921,3,1911
3. An employer that employs a participant under this paragraph and receives
12a wage subsidy shall agree to make a good faith effort to retain the participant as a
13permanent unsubsidized employee after the wage subsidy ends if the participant
14successfully completes participation in the trial job plus. An employer shall also
15agree that, if the employer does not retain a participant as a permanent unsubsidized
16employee, the employer will serve as an employment reference for the participant or
17provide to the Wisconsin Works agency or intermediary under subd. 4. a written
18performance evaluation of the participant, including recommendations for
19improvements.
AB921,3,2120
4. The Wisconsin Works agency may contract with an intermediary that acts
21as any of the following:
AB921,4,1
1a. A placement agency.
AB921,4,22
b. An employer of record of a participant under this paragraph.
AB921,4,43
c. A provider of supportive services, including coaching, mentoring, counseling,
4or job placement services.
AB921,4,105
5. Subject to subd. 3., the Wisconsin Works agency or intermediary under subd.
64. pays an employer that employs a participant under this paragraph a wage subsidy
7that does not exceed the federal minimum wage for no more than 30 hours of work
8per week. In addition, the Wisconsin Works agency or intermediary reimburses the
9employer for up to 100 percent of all of the following costs that are attributable to
10employment of the participant:
AB921,4,1111
a. Federal social security taxes.
AB921,4,1212
b. State and federal unemployment contributions or taxes, if any.
AB921,4,1313
c. Worker's compensation insurance premiums, if any.
AB921,4,1614
6. Training activities prescribed by the employer under par. (am) consistent
15with training provided to other employees at the worksite are considered work for
16purposes of calculating the wage subsidy.
AB921,4,1817
7. Participation by an individual in a trial job plus is limited to 6 months with
18a possible extension of up to 3 months.
AB921,4,2119
8. Notwithstanding the ending date for the project, for any participant who is
20accepted into the program before December 31, 2005, payments under subd. 5. shall
21be made until the participant completes his or her participation in the trial job plus.
AB921, s. 2
22Section
2. 49.148 (1m) (a) of the statutes is amended to read:
AB921,5,1023
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 $673 unless another adult member of the custodial parent's
1Wisconsin
works Works group is participating in, or is eligible to participate in, a
2Wisconsin
works Works employment position or is employed in unsubsidized
3employment, as defined in s. 49.147 (1) (c). A Wisconsin
works Works agency may
4not require a participant under this subsection to participate in any employment
5positions. Receipt of a grant under this subsection does not constitute participation
6in a Wisconsin
works Works employment position for purposes of the time limits
7under s. 49.145 (2) (n) or 49.147 (3) (c)
or (d) 7., (4) (b)
, or (5) (b) 2. if the child is born
8to the participant not more than 10 months after the date that the participant was
9first determined to be eligible for assistance under s. 49.19 or for a Wisconsin
works 10Works employment position.
AB921, s. 3
11Section
3. 49.148 (1m) (b) of the statutes is amended to read:
AB921,5,2112
49.148
(1m) (b) Receipt of a grant under this subsection constitutes
13participation in a Wisconsin
works Works employment position for purposes of the
14time limits under ss. 49.145 (2) (n) and 49.147 (3) (c)
or (d) 7., (4) (b)
, or (5) (b) 2. if
15the child 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 Works employment position unless the child was conceived as a
18result of a sexual assault in violation of s. 940.225 (1), (2)
, or (3) in which the mother
19did not indicate a freely given agreement to have sexual intercourse or of incest in
20violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported
21to a physician and to law enforcement authorities.
AB921, s. 4
22Section
4. 49.155 (1m) (a) 3. of the statutes is amended to read:
AB921,6,223
49.155
(1m) (a) 3. Work in a Wisconsin
works Works employment position,
24including participation in job search, orientation
, and training activities under s.
149.147 (2) (a) and in education or training activities under s. 49.147 (3) (am)
or (d),
2(4) (am)
, or (5) (bm).
AB921, s. 5
3Section
5. 71.07 (2dx) (b) 2. of the statutes is amended to read:
AB921,6,84
71.07
(2dx) (b) 2. The amount determined by multiplying the amount
5determined under s. 560.785 (1) (b) by the number of full-time jobs created in a
6development zone and filled by a member of a targeted group and by then subtracting
7the subsidies paid under s. 49.147 (3) (a)
or the subsidies and reimbursements paid
8under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 6
9Section
6. 71.07 (2dx) (b) 3. of the statutes is amended to read:
AB921,6,1410
71.07
(2dx) (b) 3. The amount determined by multiplying the amount
11determined under s. 560.785 (1) (c) by the number of full-time jobs created in a
12development zone and not filled by a member of a targeted group and by then
13subtracting the subsidies paid under s. 49.147 (3) (a)
or the subsidies and
14reimbursements paid under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 7
15Section
7. 71.07 (2dx) (b) 4. of the statutes is amended to read:
AB921,6,2216
71.07
(2dx) (b) 4. The amount determined by multiplying the amount
17determined under s. 560.785 (1) (bm) by the number of full-time jobs retained, as
18provided in the rules under s. 560.785, excluding jobs for which a credit has been
19claimed under sub. (2dj), in an enterprise development zone under s. 560.797 and for
20which significant capital investment was made and by then subtracting the
21subsidies paid under s. 49.147 (3) (a)
or the subsidies and reimbursements paid
22under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 8
23Section
8. 71.07 (2dx) (b) 5. of the statutes is amended to read:
AB921,7,424
71.07
(2dx) (b) 5. The amount determined by multiplying the amount
25determined under s. 560.785 (1) (c) by the number of full-time jobs retained, as
1provided in the rules under s. 560.785, excluding jobs for which a credit has been
2claimed under sub. (2dj), in a development zone and not filled by a member of a
3targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a)
or
4the subsidies and reimbursements paid under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 9
5Section
9. 71.28 (1dx) (b) 2. of the statutes is amended to read:
AB921,7,106
71.28
(1dx) (b) 2. The amount determined by multiplying the amount
7determined under s. 560.785 (1) (b) by the number of full-time jobs created in a
8development zone and filled by a member of a targeted group and by then subtracting
9the subsidies paid under s. 49.147 (3) (a)
or the subsidies and reimbursements paid
10under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 10
11Section
10. 71.28 (1dx) (b) 3. of the statutes is amended to read:
AB921,7,1612
71.28
(1dx) (b) 3. The amount determined by multiplying the amount
13determined under s. 560.785 (1) (c) by the number of full-time jobs created in a
14development zone and not filled by a member of a targeted group and by then
15subtracting the subsidies paid under s. 49.147 (3) (a)
or the subsidies and
16reimbursements paid under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 11
17Section
11. 71.28 (1dx) (b) 4. of the statutes is amended to read:
AB921,7,2418
71.28
(1dx) (b) 4. The amount determined by multiplying the amount
19determined under s. 560.785 (1) (bm) by the number of full-time jobs retained, as
20provided in the rules under s. 560.785, excluding jobs for which a credit has been
21claimed under sub. (1dj), in an enterprise development zone under s. 560.797 and for
22which significant capital investment was made and by then subtracting the
23subsidies paid under s. 49.147 (3) (a)
or the subsidies and reimbursements paid
24under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 12
25Section
12. 71.28 (1dx) (b) 5. of the statutes is amended to read:
AB921,8,6
171.28
(1dx) (b) 5. The amount determined by multiplying the amount
2determined under s. 560.785 (1) (c) by the number of full-time jobs retained, as
3provided in the rules under s. 560.785, excluding jobs for which a credit has been
4claimed under sub. (1dj), in a development zone and not filled by a member of a
5targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a)
or
6the subsidies and reimbursements paid under s. 49.147 (3) (d) 5. for those jobs.
AB921, s. 13
7Section
13. 71.47 (1dx) (b) 2. of the statutes is amended to read:
AB921,8,128
71.47
(1dx) (b) 2. The amount determined by multiplying the amount
9determined under s. 560.785 (1) (b) by the number of full-time jobs created in a
10development zone and filled by a member of a targeted group and by then subtracting
11the subsidies paid under s. 49.147 (3) (a)
or the subsidies and reimbursements paid
12under s. 49.147 (3) (d) 5. for those jobs.