SB44: Bill Text

SB44,558,13 49.141 (1) (o) "Unsubsidized employment" means employment for which the department or a Wisconsin Works agency provides no wage subsidy or reimbursement to the employer, including self-employment and entrepreneurial activities.

SB44, s. 1198 Section 1198. 49.141 (1) (om) of the statutes is created to read:

SB44,558,15 49.141 (1) (om) "Wages" has the meaning given in s. 109.01 (3).

SB44, s. 1199 Section 1199. 49.141 (4) of the statutes is amended to read:

SB44,558,19 49.141 (4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works Works, an individual is not entitled to services, employment, or benefits under Wisconsin works Works.

SB44, s. 1200 Section 1200. 49.141 (5) (a) of the statutes is amended to read:

SB44,558,23 49.141 (5) (a) Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under s. 49.147 (3), (4) or (5).

SB44, s. 1201 Section 1201. 49.143 (2) (a) 4. of the statutes is amended to read:

SB44,559,3 49.143 (2) (a) 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial jobs, transitional subsidized private sector jobs, or community service jobs.

SB44, s. 1202 Section 1202. 49.143 (2) (a) 5. of the statutes is amended to read:

SB44,559,7 49.143 (2) (a) 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial jobs, transitional subsidized private sector jobs, or community service jobs.

SB44, s. 1203 Section 1203. 49.143 (2) (a) 6. of the statutes is amended to read:

SB44,559,13 49.143 (2) (a) 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial jobs, transitional subsidized private sector jobs, or community service jobs.

SB44, s. 1204 Section 1204. 49.143 (2) (f) of the statutes is renumbered 49.143 (2) (g) and amended to read:

SB44,559,18 49.143 (2) (g) Perform any other tasks specified by the department in the contract that the department determines are necessary for the administration of Wisconsin works Works.

SB44, s. 1205 Section 1205. 49.143 (2) (fm) of the statutes is created to read:

SB44,559,23 49.143 (2) (fm) Provide to every participant in a transitional subsidized private sector job information about and assistance in obtaining any work supports for which the participant is eligible, such as child care, health insurance, and income tax credits and refunds.

SB44, s. 1206 Section 1206. 49.143 (3g) (a) 4. of the statutes is amended to read:

SB44,560,2 49.143 (3g) (a) 4. Wages and benefits earned in unsubsidized employment by former participants in Wisconsin works Works employment positions.

SB44, s. 1207 Section 1207. 49.145 (1) of the statutes is amended to read:

SB44,560,10 49.145 (1) General eligibility. In order to be eligible for a Wisconsin works Works employment positions and position or job access loans loan for any month, an individual shall meet the eligibility requirements under subs. (2) and (3). The department may promulgate rules establishing additional eligibility criteria and specifying how eligibility criteria are to be administered. The department may promulgate rules establishing payment and reporting periods as needed to administer this subsection.

SB44, s. 1208 Section 1208. 49.145 (2) (i) of the statutes is amended to read:

SB44,560,22 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775. The department may require an individual who receives a stipend under s. 49.147 (3m) (g) or benefits under s. 49.148 and who has applied for supplemental security income under 42 USC 1381 to 1383c to authorize the federal social security administration to reimburse the department for the stipend paid to the individual under s. 49.147 (3m) (g) or the benefits paid to the individual under s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.

SB44, s. 1209 Section 1209. 49.145 (2) (s) of the statutes is amended to read:

SB44,561,19 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works Works stipend or benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works Works stipend or benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit who are not beneficiaries under Wisconsin works Works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works Works stipend or benefit in the amount that is the proportionate share of the minor receiving the benefit who is the beneficiary under Wisconsin works Works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive the stipend or benefits under Wisconsin works Works may be considered assigned to this state. Except as provided in s. 49.1455, any money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin works Works shall be paid to the individual applying for or participating in Wisconsin works Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

SB44, s. 1210 Section 1210. 49.145 (3) (b) 1. of the statutes is amended to read:

SB44,562,4 49.145 (3) (b) 1. All earned and unearned income of the individual, except any amount received under section 32 of the Internal Revenue Code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the Internal Revenue Code, as defined in s. 71.01 (6), any student financial aid received under any federal or state program, any scholarship used for tuition and books, any wages received under s. 49.148 (1) (am) or stipend received under s. 49.147 (3m) (g), and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.

SB44, s. 1211 Section 1211. 49.146 (title) of the statutes is amended to read:

SB44,562,6 49.146 (title) Employer criteria and selection.

SB44, s. 1212 Section 1212. 49.146 of the statutes is renumbered 49.146 (1) and amended to read:

SB44,562,14 49.146 (1) Eligibility criteria. The Subject to sub. (2), the department shall establish by rule criteria that an employer providing a Wisconsin works Works employment position must meet in order to employ a participant under s. 49.147 (3) to (5). An employer that does not meet the criteria established under this section subsection is ineligible to receive any subsidy or reimbursement of costs for any position provided to a participant.

SB44, s. 1213 Section 1213. 49.146 (2) of the statutes is created to read:

SB44,562,22 49.146 (2) Selection of employers for transitional subsidized jobs. To be eligible to employ a participant under s. 49.147 (3m), an employer must be selected by the department under this subsection. The department shall request from employers proposals for employing participants under s. 49.147 (3m). The department shall select, and enter into contracts with, employers that meet the criteria established under sub. (1) and that demonstrate the ability to do all of the following:

SB44,562,23 (a) Create useful transitional subsidized private sector jobs.

SB44,562,24 (b) Provide effective supervision for participants.

SB44,562,25 (c) Manage payroll, taxes, and other financial matters in a responsible manner.

SB44,563,3 (d) Coordinate closely and cooperatively with a Wisconsin Works agency in moving participants employed by the employer under s. 49.147 (3m) into stable unsubsidized employment as quickly as possible.

SB44,563,4 (e) Comply in all respects with the Wisconsin Works program.

SB44, s. 1214 Section 1214. 49.1465 of the statutes is created to read:

SB44,563,16 49.1465 Education and training. (1) Educational needs assessment. A Wisconsin Works agency shall conduct an educational needs assessment of each individual who applies for a Wisconsin Works employment position. If the individual and the Wisconsin Works agency determine that the individual needs, or would benefit from, education or training activities, 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, the Wisconsin Works agency shall include education or training activities in any employability plan developed for the individual. The Wisconsin Works agency shall pay, or arrange for payment, for the education or training services identified in the employability plan to the extent that funds are available.

SB44,563,18 (2) Program and employer coordination. A Wisconsin Works agency shall do all of the following:

SB44, s. 1215 Section 1215. 49.147 (title) of the statutes is amended to read:

SB44,563,21 49.147 (title) Wisconsin works Works; work programs and job access loans.

SB44, s. 1216 Section 1216. 49.147 (1) of the statutes is repealed.

SB44, s. 1217 Section 1217. 49.147 (1m) of the statutes is repealed.

SB44, s. 1218 Section 1218. 49.147 (2) (a) 1. of the statutes is amended to read:

SB44,564,7 49.147 (2) (a) 1. An individual who applies for a Wisconsin works Works employment position may be required by the Wisconsin works Works agency to search for unsubsidized employment during the period that his or her application is being processed as a condition of eligibility. A Subject to sub. (3m) (f) 2., a participant in a Wisconsin works Works employment position shall search for unsubsidized employment throughout his or her participation. The department shall define by rule satisfactory search efforts for unsubsidized employment.

SB44, s. 1219 Section 1219. 49.147 (3) (a) of the statutes is amended to read:

SB44,564,25 49.147 (3) (a) Administration. A Wisconsin works Works agency shall administer a trial job program as part of its administration of the Wisconsin works Works program to improve the employability of individuals who are not otherwise able to obtain unsubsidized employment, as determined by the Wisconsin works Works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works Works agency shall give priority to placement under this subsection over placements under subs. (3m), (4), and (5). The Wisconsin works Works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours which would be required for full-time employment in that month.

SB44, s. 1220 Section 1220. 49.147 (3m) of the statutes is created to read:

SB44,565,13 49.147 (3m) Transitional subsidized private sector jobs. (a) Administration. 1. A Wisconsin Works agency shall administer a transitional subsidized private sector job program as part of its administration of the Wisconsin Works program to improve the employability of individuals who are not otherwise able to obtain unsubsidized employment, as determined by the Wisconsin Works agency. If a Wisconsin Works agency determines for a participant that a placement under sub. (3) is inappropriate, or that an appropriate trial job is unavailable, and that a placement under either this subsection or sub. (4) is appropriate, the participant shall be allowed to choose between a placement under this subsection and a placement under sub. (4), to the extent of the availability of appropriate transitional subsidized private sector jobs and community service jobs. A placement under this subsection shall be given priority over placements under sub. (5).

SB44,565,20 2. If a participant chooses a placement under this subsection, a Wisconsin Works agency shall arrange for a transitional subsidized private sector job, if available, to be offered to the participant at a reasonably accessible location with one or more employers selected under s. 49.146 (2). Job offers under this subsection shall be limited by the number of employers selected under s. 49.146 (2) and the number and types of employment positions available with each employer, as provided in the employer's contract with the department.

SB44,565,24 3. An employer that employs a participant under this subsection shall be reimbursed by the department for up to 100% of the employer's costs that are attributable to employment of the participant, as determined by the department, including any of the following:

SB44,565,25 a. Wages.

SB44,566,1 b. Federal social security taxes.

SB44,566,2 c. State and federal unemployment contributions or taxes, if any.

SB44,566,3 d. Worker's compensation insurance premiums, if any.

SB44,566,4 e. Liability insurance premiums, if any.

SB44,566,6 f. Supervisory costs and other overhead as specified in the employer's contract with the department.

SB44,566,14 (b) Jobs description. 1. To the extent possible, each transitional subsidized private sector job shall be designed by the employer, in consultation with the Wisconsin Works agency and the department, to meet the needs and fit the abilities of the participant to whom the job is offered. Each transitional subsidized private sector job shall involve the performance of useful work. Employers offering transitional subsidized private sector jobs and the department shall consult with labor unions representing public sector employees on the design of transitional subsidized private sector jobs to ensure compliance with s. 49.141 (5).

SB44,566,16 2. The department may design transitional subsidized private sector jobs that do any of the following:

SB44,566,19 a. Allow a participant to work in supported employment, if the Wisconsin Works agency determines that the participant is highly unlikely to be able to obtain or retain unsubsidized employment at a minimum wage.

SB44,566,22 b. Allow a participant to care for a severely disabled child or other relative of the participant, if the Wisconsin Works agency determines that such an arrangement would be cost-effective for taxpayers.

SB44,567,3 (c) Required hours. Unless a different number of hours is recommended on a case-by-case basis by the Wisconsin Works agency in accordance with guidelines established by the department, each transitional subsidized private sector job shall provide at least 25 hours, but not more than 30 hours, of work per week to allow a participant time to continue to search for unsubsidized employment, as required under par. (f).

SB44,567,13 (d) Employer-employee relationship. 1. Except as otherwise provided in this subsection or in a contract between the department and the employer, a participant who accepts a transitional subsidized private sector job with an employer selected under s. 49.146 (2) is an employee of that employer for all purposes and in all respects. The participant shall be supervised in the same manner as the employer's other employees, shall be covered under the employer's worker's compensation coverage, and shall receive his or her paycheck in the same manner as the employer's other employees, with appropriate payroll deductions. The department may require an employer to provide a sick leave benefit to a participant in a transitional subsidized private sector job.

SB44,567,20 2. A participant working in a transitional subsidized private sector job may be terminated from employment by the employer, in accordance with guidelines established by the department, for misconduct, failure to perform work satisfactorily, or repeated unexcused absences from work. A participant who believes that he or she has been wrongfully terminated under this subdivision from a transitional subsidized private sector job may appeal the termination to the department.

SB44,568,5 (e) Time-limited participation. A participant under this subsection may be employed in any one transitional subsidized private sector job for a maximum of 6 months, unless granted an extension by the Wisconsin Works agency. A participant may be employed in more than one transitional subsidized private sector job, and at the conclusion of each assignment under this subsection, the Wisconsin Works agency shall reassess the individual's employability. A participant's employment under this subsection may not exceed 24 months, which need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension of the 24-month limit on a case-by-case basis if any of the following applies:

SB44,568,6 1. The participant is employed under par. (b) 2. a. or b.

SB44,568,10 2. The participant has made all appropriate job search efforts but has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin Works agency and approved by the department.

SB44,568,18 (f) Unsubsidized employment search. 1. Except as provided in subd. 2., a participant in a transitional subsidized private sector job shall search for unsubsidized employment throughout his or her participation, including any time during which the participant is pursuing education or training under par. (g). The Wisconsin Works agency shall determine, in accordance with guidelines established by the department, the number of hours that a participant in a transitional subsidized private sector job should reasonably spend searching for unsubsidized employment.

SB44,568,21 2. A Wisconsin Works agency may grant a participant in a transitional subsidized private sector job an exception to the requirement under subd. 1. if any of the following applies:

SB44,568,22 a. The participant is employed under par. (b) 2. a. or b.

SB44,569,2 b. The Wisconsin Works agency determines, in accordance with guidelines established by the department, that the participant has made all appropriate job search efforts but has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant.

SB44,569,9 3. If the Wisconsin Works agency determines that a participant working in a transitional subsidized private sector job is not making satisfactory or good faith efforts to seek unsubsidized employment after having been given appropriate notice by the Wisconsin Works agency, as defined by the department, the participant shall be terminated from his or her employment in the transitional subsidized private sector job. A participant who believes that he or she has been wrongfully terminated under this subdivision may appeal the termination to the department.

SB44,569,14 (g) Education or training substitution. 1. If a participant has been employed in a transitional subsidized private sector job for at least 2 weeks and the employer determines that the participant's work performance has been satisfactory, the participant and the Wisconsin Works agency, in consultation with the employer, may enter into an agreement under which all of the following occur:

SB44,569,17 a. The participant enrolls in an education or training program that the participant and Wisconsin Works agency agree has a high probability of enabling the participant to acquire skills leading to unsubsidized employment.

SB44,569,19 b. The participant's work hours in the transitional subsidized private sector job are reduced to between 15 and 20 hours per week.

SB44,569,22 c. The Wisconsin Works agency pays the participant a stipend equal to 90% of the wages that the participant would have earned in the transitional subsidized private sector job if his or her hours had not been reduced.

SB44,570,2 2. A stipend under subd. 1. c. may not be paid for longer than 3 months, unless the Wisconsin Works agency recommends a longer period in accordance with guidelines established by the department. In no case, however, may the stipend be paid after the participant's employment in the transitional subsidized private sector job terminates.

SB44, s. 1221 Section 1221. 49.147 (4) (a) of the statutes is amended to read:

SB44,570,22 49.147 (4) (a) Administration. A Wisconsin works Works agency shall administer a community service job program as part of its administration of Wisconsin works Works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin works 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 Works agency shall give placement under this subsection priority over placements under sub. (5). If a Wisconsin Works agency determines that placement is appropriate for a participant under either this subsection or sub. (3m), the participant shall be allowed to choose between a placement under this subsection and a placement under sub. (3m), to the extent of the availability of appropriate transitional subsidized private sector jobs and community service jobs. 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 Works agency shall reassess the individual's employability.

SB44, s. 1222 Section 1222. 49.147 (5) (a) 3. of the statutes is amended to read:

SB44,571,3 49.147 (5) (a) 3. The Wisconsin works Works agency determines that the individual is incapable of performing a trial job, transitional subsidized private sector job, or community service job.

SB44, s. 1223 Section 1223 . 49.147 (6) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is renumbered 49.1471, and 49.1471 (title), (1) (c), (2) (c), (3m) (b) and (4) (intro.), as renumbered, are amended to read:

SB44,571,7 49.1471 (title) Job Wisconsin Works; job access loan loans.

SB44,571,10 (1) (c) The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or , wage, or stipend overpayments under this section Wisconsin Works.

SB44,571,14 (2) (c) The terms and conditions of repayment. The rules promulgated under this subdivision paragraph shall provide for repayment by performance of in-kind services. The rules shall establish criteria that the Wisconsin works Works agency shall use to approve in-kind repayment of loans.

SB44,571,17 (3m) (b) Subdivision 1. Paragraph (a) applies to delinquent repayments existing on or after the effective date of this subdivision paragraph .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.