SB44,558,1310 49.141 (1) (o) "Unsubsidized employment" means employment for which the
11department or a Wisconsin Works agency provides no wage subsidy or
12reimbursement to the employer, including self-employment and entrepreneurial
13activities.
SB44, s. 1198 14Section 1198. 49.141 (1) (om) of the statutes is created to read:
SB44,558,1515 49.141 (1) (om) "Wages" has the meaning given in s. 109.01 (3).
SB44, s. 1199 16Section 1199. 49.141 (4) of the statutes is amended to read:
SB44,558,1917 49.141 (4) Nonentitlement. Notwithstanding fulfillment of the eligibility
18requirements for any component of Wisconsin works Works, an individual is not
19entitled to services, employment, or benefits under Wisconsin works Works.
SB44, s. 1200 20Section 1200. 49.141 (5) (a) of the statutes is amended to read:
SB44,558,2321 49.141 (5) (a) Have the effect of filling a vacancy created by an employer
22terminating a regular employee or otherwise reducing its work force for the purpose
23of hiring an individual under s. 49.147 (3), (4) or (5).
SB44, s. 1201 24Section 1201. 49.143 (2) (a) 4. of the statutes is amended to read:
SB44,559,3
149.143 (2) (a) 4. Create, and encourage others to create, on-the-job training
2sites for persons who are eligible for trial jobs, transitional subsidized private sector
3jobs,
or community service jobs.
SB44, s. 1202 4Section 1202. 49.143 (2) (a) 5. of the statutes is amended to read:
SB44,559,75 49.143 (2) (a) 5. Foster and guide the entrepreneurial efforts of participants
6who are eligible for trial jobs, transitional subsidized private sector jobs, or
7community service jobs.
SB44, s. 1203 8Section 1203. 49.143 (2) (a) 6. of the statutes is amended to read:
SB44,559,139 49.143 (2) (a) 6. Provide mentors, both from its membership and from
10recruitment of members of the community, to provide job-related guidance,
11including assistance in resolving job-related issues and the provision of job leads or
12references, to persons who are eligible for trial jobs, transitional subsidized private
13sector jobs,
or community service jobs.
SB44, s. 1204 14Section 1204. 49.143 (2) (f) of the statutes is renumbered 49.143 (2) (g) and
15amended to read:
SB44,559,1816 49.143 (2) (g) Perform any other tasks specified by the department in the
17contract that the department determines are necessary for the administration of
18Wisconsin works Works.
SB44, s. 1205 19Section 1205. 49.143 (2) (fm) of the statutes is created to read:
SB44,559,2320 49.143 (2) (fm) Provide to every participant in a transitional subsidized private
21sector job information about and assistance in obtaining any work supports for which
22the participant is eligible, such as child care, health insurance, and income tax
23credits and refunds.
SB44, s. 1206 24Section 1206. 49.143 (3g) (a) 4. of the statutes is amended to read:
SB44,560,2
149.143 (3g) (a) 4. Wages and benefits earned in unsubsidized employment by
2former participants in Wisconsin works Works employment positions.
SB44, s. 1207 3Section 1207. 49.145 (1) of the statutes is amended to read:
SB44,560,104 49.145 (1) General eligibility. In order to be eligible for a Wisconsin works
5Works employment positions and position or job access loans loan for any month, an
6individual shall meet the eligibility requirements under subs. (2) and (3). The
7department may promulgate rules establishing additional eligibility criteria and
8specifying how eligibility criteria are to be administered. The department may
9promulgate rules establishing payment and reporting periods as needed to
10administer this subsection.
SB44, s. 1208 11Section 1208. 49.145 (2) (i) of the statutes is amended to read:
SB44,560,2212 49.145 (2) (i) The individual is not receiving supplemental security income
13under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if
14the individual is a dependent child, the custodial parent of the individual does not
15receive a payment on behalf of the individual under s. 49.775. The department may
16require an individual who receives a stipend under s. 49.147 (3m) (g) or benefits
17under s. 49.148 and who has applied for supplemental security income under 42 USC
181381
to 1383c to authorize the federal social security administration to reimburse the
19department for the stipend paid to the individual under s. 49.147 (3m) (g) or the
20benefits paid to the individual under s. 49.148 during the period that the individual
21was entitled to supplemental security income benefits to the extent that retroactive
22supplemental security income benefits are made available to the individual.
SB44, s. 1209 23Section 1209. 49.145 (2) (s) of the statutes is amended to read:
SB44,561,1924 49.145 (2) (s) The individual assigns to the state any right of the individual or
25of any dependent child of the individual to support or maintenance from any other

1person, including any right to amounts accruing during the time that any Wisconsin
2works Works stipend or benefit is paid to the individual. If a minor who is a
3beneficiary of any Wisconsin works Works stipend or benefit is also the beneficiary
4of support under a judgment or order that includes support for one or more children
5not receiving a benefit who are not beneficiaries under Wisconsin works Works, any
6support payment made under the judgment or order is assigned to the state during
7the period that the minor is a beneficiary of the Wisconsin works Works stipend or
8benefit in the amount that is the proportionate share of the minor receiving the
9benefit
who is the beneficiary under Wisconsin works Works, except as otherwise
10ordered by the court on the motion of a party. Amounts assigned to the state under
11this paragraph remain assigned to the state until the amount due to the federal
12government has been recovered. No amount of support that begins to accrue after
13the individual ceases to receive the stipend or benefits under Wisconsin works Works
14may be considered assigned to this state. Except as provided in s. 49.1455, any money
15received by the department in a month under an assignment to the state under this
16paragraph for an individual applying for or participating in Wisconsin works Works
17shall be paid to the individual applying for or participating in Wisconsin works
18Works. The department shall pay the federal share of support assigned under this
19paragraph as required under federal law or waiver.
SB44, s. 1210 20Section 1210. 49.145 (3) (b) 1. of the statutes is amended to read:
SB44,562,421 49.145 (3) (b) 1. All earned and unearned income of the individual, except any
22amount received under section 32 of the Internal Revenue Code, as defined in s. 71.01
23(6), any amount received under s. 71.07 (9e), any payment made by an employer
24under section 3507 of the Internal Revenue Code, as defined in s. 71.01 (6), any
25student financial aid received under any federal or state program, any scholarship

1used for tuition and books, any wages received under s. 49.148 (1) (am) or stipend
2received under s. 49.147 (3m) (g),
and any assistance received under s. 49.148. In
3determining the earned and unearned income of the individual, the Wisconsin works
4agency may not include income earned by a dependent child of the individual.
SB44, s. 1211 5Section 1211. 49.146 (title) of the statutes is amended to read:
SB44,562,6 649.146 (title) Employer criteria and selection.
SB44, s. 1212 7Section 1212. 49.146 of the statutes is renumbered 49.146 (1) and amended
8to read:
SB44,562,149 49.146 (1) Eligibility criteria. The Subject to sub. (2), the department shall
10establish by rule criteria that an employer providing a Wisconsin works Works
11employment position must meet in order to employ a participant under s. 49.147 (3)
12to (5). An employer that does not meet the criteria established under this section
13subsection is ineligible to receive any subsidy or reimbursement of costs for any
14position provided to a participant.
SB44, s. 1213 15Section 1213. 49.146 (2) of the statutes is created to read:
SB44,562,2216 49.146 (2) Selection of employers for transitional subsidized jobs. To be
17eligible to employ a participant under s. 49.147 (3m), an employer must be selected
18by the department under this subsection. The department shall request from
19employers proposals for employing participants under s. 49.147 (3m). The
20department shall select, and enter into contracts with, employers that meet the
21criteria established under sub. (1) and that demonstrate the ability to do all of the
22following:
SB44,562,2323 (a) Create useful transitional subsidized private sector jobs.
SB44,562,2424 (b) Provide effective supervision for participants.
SB44,562,2525 (c) Manage payroll, taxes, and other financial matters in a responsible manner.
SB44,563,3
1(d) Coordinate closely and cooperatively with a Wisconsin Works agency in
2moving participants employed by the employer under s. 49.147 (3m) into stable
3unsubsidized employment as quickly as possible.
SB44,563,44 (e) Comply in all respects with the Wisconsin Works program.
SB44, s. 1214 5Section 1214. 49.1465 of the statutes is created to read:
SB44,563,16 649.1465 Education and training. (1) Educational needs assessment. A
7Wisconsin Works agency shall conduct an educational needs assessment of each
8individual who applies for a Wisconsin Works employment position. If the individual
9and the Wisconsin Works agency determine that the individual needs, or would
10benefit from, education or training activities, including a course of study meeting the
11standards established under s. 115.29 (4) for the granting of a declaration of
12equivalency of high school graduation, the Wisconsin Works agency shall include
13education or training activities in any employability plan developed for the
14individual. The Wisconsin Works agency shall pay, or arrange for payment, for the
15education or training services identified in the employability plan to the extent that
16funds are available.
SB44,563,18 17(2) Program and employer coordination. A Wisconsin Works agency shall do
18all of the following:
SB44, s. 1215 19Section 1215. 49.147 (title) of the statutes is amended to read:
SB44,563,21 2049.147 (title) Wisconsin works Works; work programs and job access
21loans
.
SB44, s. 1216 22Section 1216. 49.147 (1) of the statutes is repealed.
SB44, s. 1217 23Section 1217. 49.147 (1m) of the statutes is repealed.
SB44, s. 1218 24Section 1218. 49.147 (2) (a) 1. of the statutes is amended to read:
SB44,564,7
149.147 (2) (a) 1. An individual who applies for a Wisconsin works Works
2employment position may be required by the Wisconsin works Works agency to
3search for unsubsidized employment during the period that his or her application is
4being processed as a condition of eligibility. A Subject to sub. (3m) (f) 2., a participant
5in a Wisconsin works Works employment position shall search for unsubsidized
6employment throughout his or her participation. The department shall define by
7rule satisfactory search efforts for unsubsidized employment.
SB44, s. 1219 8Section 1219. 49.147 (3) (a) of the statutes is amended to read:
SB44,564,259 49.147 (3) (a) Administration. A Wisconsin works Works agency shall
10administer a trial job program as part of its administration of the Wisconsin works
11Works program to improve the employability of individuals who are not otherwise
12able to obtain unsubsidized employment, as determined by the Wisconsin works
13Works agency, by providing work experience and training to assist them to move
14promptly into unsubsidized employment. In determining an appropriate placement
15for a participant, a Wisconsin works Works agency shall give priority to placement
16under this subsection over placements under subs. (3m), (4), and (5). The Wisconsin
17works Works agency shall pay a wage subsidy to an employer that employs a
18participant under this subsection and agrees to make a good faith effort to retain the
19participant as a permanent unsubsidized employee after the wage subsidy is
20terminated. The wage subsidy may not exceed $300 per month for full-time
21employment of a participant. For less than full-time employment of a participant
22during a month, the wage subsidy may not exceed a dollar amount determined by
23multiplying $300 by a fraction, the numerator of which is the number of hours
24worked by the participant in the month and the denominator of which is the number
25of hours which would be required for full-time employment in that month.
SB44, s. 1220
1Section 1220. 49.147 (3m) of the statutes is created to read:
SB44,565,132 49.147 (3m) Transitional subsidized private sector jobs. (a) Administration.
31. A Wisconsin Works agency shall administer a transitional subsidized private
4sector job program as part of its administration of the Wisconsin Works program to
5improve the employability of individuals who are not otherwise able to obtain
6unsubsidized employment, as determined by the Wisconsin Works agency. If a
7Wisconsin Works agency determines for a participant that a placement under sub.
8(3) is inappropriate, or that an appropriate trial job is unavailable, and that a
9placement under either this subsection or sub. (4) is appropriate, the participant
10shall be allowed to choose between a placement under this subsection and a
11placement under sub. (4), to the extent of the availability of appropriate transitional
12subsidized private sector jobs and community service jobs. A placement under this
13subsection shall be given priority over placements under sub. (5).
SB44,565,2014 2. If a participant chooses a placement under this subsection, a Wisconsin
15Works agency shall arrange for a transitional subsidized private sector job, if
16available, to be offered to the participant at a reasonably accessible location with one
17or more employers selected under s. 49.146 (2). Job offers under this subsection shall
18be limited by the number of employers selected under s. 49.146 (2) and the number
19and types of employment positions available with each employer, as provided in the
20employer's contract with the department.
SB44,565,2421 3. An employer that employs a participant under this subsection shall be
22reimbursed by the department for up to 100% of the employer's costs that are
23attributable to employment of the participant, as determined by the department,
24including any of the following:
SB44,565,2525 a. Wages.
SB44,566,1
1b. Federal social security taxes.
SB44,566,22 c. State and federal unemployment contributions or taxes, if any.
SB44,566,33 d. Worker's compensation insurance premiums, if any.
SB44,566,44 e. Liability insurance premiums, if any.
SB44,566,65 f. Supervisory costs and other overhead as specified in the employer's contract
6with the department.
SB44,566,147 (b) Jobs description. 1. To the extent possible, each transitional subsidized
8private sector job shall be designed by the employer, in consultation with the
9Wisconsin Works agency and the department, to meet the needs and fit the abilities
10of the participant to whom the job is offered. Each transitional subsidized private
11sector job shall involve the performance of useful work. Employers offering
12transitional subsidized private sector jobs and the department shall consult with
13labor unions representing public sector employees on the design of transitional
14subsidized private sector jobs to ensure compliance with s. 49.141 (5).
SB44,566,1615 2. The department may design transitional subsidized private sector jobs that
16do any of the following:
SB44,566,1917 a. Allow a participant to work in supported employment, if the Wisconsin
18Works agency determines that the participant is highly unlikely to be able to obtain
19or retain unsubsidized employment at a minimum wage.
SB44,566,2220 b. Allow a participant to care for a severely disabled child or other relative of
21the participant, if the Wisconsin Works agency determines that such an
22arrangement would be cost-effective for taxpayers.
SB44,567,323 (c) Required hours. Unless a different number of hours is recommended on a
24case-by-case basis by the Wisconsin Works agency in accordance with guidelines
25established by the department, each transitional subsidized private sector job shall

1provide at least 25 hours, but not more than 30 hours, of work per week to allow a
2participant time to continue to search for unsubsidized employment, as required
3under par. (f).
SB44,567,134 (d) Employer-employee relationship. 1. Except as otherwise provided in this
5subsection or in a contract between the department and the employer, a participant
6who accepts a transitional subsidized private sector job with an employer selected
7under s. 49.146 (2) is an employee of that employer for all purposes and in all
8respects. The participant shall be supervised in the same manner as the employer's
9other employees, shall be covered under the employer's worker's compensation
10coverage, and shall receive his or her paycheck in the same manner as the employer's
11other employees, with appropriate payroll deductions. The department may require
12an employer to provide a sick leave benefit to a participant in a transitional
13subsidized private sector job.
SB44,567,2014 2. A participant working in a transitional subsidized private sector job may be
15terminated from employment by the employer, in accordance with guidelines
16established by the department, for misconduct, failure to perform work
17satisfactorily, or repeated unexcused absences from work. A participant who
18believes that he or she has been wrongfully terminated under this subdivision from
19a transitional subsidized private sector job may appeal the termination to the
20department.
SB44,568,521 (e) Time-limited participation. A participant under this subsection may be
22employed in any one transitional subsidized private sector job for a maximum of 6
23months, unless granted an extension by the Wisconsin Works agency. A participant
24may be employed in more than one transitional subsidized private sector job, and at
25the conclusion of each assignment under this subsection, the Wisconsin Works

1agency shall reassess the individual's employability. A participant's employment
2under this subsection may not exceed 24 months, which need not be consecutive. The
3department or, with the approval of the department, the Wisconsin Works agency
4may grant an extension of the 24-month limit on a case-by-case basis if any of the
5following applies:
SB44,568,66 1. The participant is employed under par. (b) 2. a. or b.
SB44,568,107 2. The participant has made all appropriate job search efforts but has been
8unable to find unsubsidized employment because local labor market conditions
9preclude a reasonable job opportunity for that participant, as determined by a
10Wisconsin Works agency and approved by the department.
SB44,568,1811 (f) Unsubsidized employment search. 1. Except as provided in subd. 2., a
12participant in a transitional subsidized private sector job shall search for
13unsubsidized employment throughout his or her participation, including any time
14during which the participant is pursuing education or training under par. (g). The
15Wisconsin Works agency shall determine, in accordance with guidelines established
16by the department, the number of hours that a participant in a transitional
17subsidized private sector job should reasonably spend searching for unsubsidized
18employment.
SB44,568,2119 2. A Wisconsin Works agency may grant a participant in a transitional
20subsidized private sector job an exception to the requirement under subd. 1. if any
21of the following applies:
SB44,568,2222 a. The participant is employed under par. (b) 2. a. or b.
SB44,569,223 b. The Wisconsin Works agency determines, in accordance with guidelines
24established by the department, that the participant has made all appropriate job

1search efforts but has been unable to find unsubsidized employment because local
2labor market conditions preclude a reasonable job opportunity for that participant.
SB44,569,93 3. If the Wisconsin Works agency determines that a participant working in a
4transitional subsidized private sector job is not making satisfactory or good faith
5efforts to seek unsubsidized employment after having been given appropriate notice
6by the Wisconsin Works agency, as defined by the department, the participant shall
7be terminated from his or her employment in the transitional subsidized private
8sector job. A participant who believes that he or she has been wrongfully terminated
9under this subdivision may appeal the termination to the department.
SB44,569,1410 (g) Education or training substitution. 1. If a participant has been employed
11in a transitional subsidized private sector job for at least 2 weeks and the employer
12determines that the participant's work performance has been satisfactory, the
13participant and the Wisconsin Works agency, in consultation with the employer, may
14enter into an agreement under which all of the following occur:
SB44,569,1715 a. The participant enrolls in an education or training program that the
16participant and Wisconsin Works agency agree has a high probability of enabling the
17participant to acquire skills leading to unsubsidized employment.
SB44,569,1918 b. The participant's work hours in the transitional subsidized private sector job
19are reduced to between 15 and 20 hours per week.
SB44,569,2220 c. The Wisconsin Works agency pays the participant a stipend equal to 90% of
21the wages that the participant would have earned in the transitional subsidized
22private sector job if his or her hours had not been reduced.
SB44,570,223 2. A stipend under subd. 1. c. may not be paid for longer than 3 months, unless
24the Wisconsin Works agency recommends a longer period in accordance with
25guidelines established by the department. In no case, however, may the stipend be

1paid after the participant's employment in the transitional subsidized private sector
2job terminates.
SB44, s. 1221 3Section 1221. 49.147 (4) (a) of the statutes is amended to read:
SB44,570,224 49.147 (4) (a) Administration. A Wisconsin works Works agency shall
5administer a community service job program as part of its administration of
6Wisconsin works Works to improve the employability of an individual who is not
7otherwise able to obtain employment, as determined by the Wisconsin works Works
8agency, by providing work experience and training, if necessary, to assist the
9individual to move promptly into unsubsidized public or private employment or a
10trial job. In determining an appropriate placement for a participant, a Wisconsin
11works Works agency shall give placement under this subsection priority over
12placements under sub. (5). If a Wisconsin Works agency determines that placement
13is appropriate for a participant under either this subsection or sub. (3m), the
14participant shall be allowed to choose between a placement under this subsection
15and a placement under sub. (3m), to the extent of the availability of appropriate
16transitional subsidized private sector jobs and community service jobs.
Community
17service jobs shall be limited to projects that the department determines would serve
18a useful public purpose or projects the cost of which is partially or wholly offset by
19revenue generated from such projects. After each 6 months of an individual's
20participation under this subsection and at the conclusion of each assignment under
21this subsection, a Wisconsin works Works agency shall reassess the individual's
22employability.
SB44, s. 1222 23Section 1222. 49.147 (5) (a) 3. of the statutes is amended to read:
SB44,571,3
149.147 (5) (a) 3. The Wisconsin works Works agency determines that the
2individual is incapable of performing a trial job, transitional subsidized private
3sector job,
or community service job.
SB44, s. 1223 4Section 1223 . 49.147 (6) of the statutes, as affected by 2003 Wisconsin Act ....
5(this act), is renumbered 49.1471, and 49.1471 (title), (1) (c), (2) (c), (3m) (b) and (4)
6(intro.), as renumbered, are amended to read:
SB44,571,7 749.1471 (title) Job Wisconsin Works; job access loan loans.
SB44,571,10 8(1) (c) The individual is not in default with respect to the repayment of any
9previous job access loan or repayment of any grant or , wage, or stipend overpayments
10under this section Wisconsin Works.
SB44,571,14 11(2) (c) The terms and conditions of repayment. The rules promulgated under
12this subdivision paragraph shall provide for repayment by performance of in-kind
13services. The rules shall establish criteria that the Wisconsin works Works agency
14shall use to approve in-kind repayment of loans.
SB44,571,17 15(3m) (b) Subdivision 1. Paragraph (a) applies to delinquent repayments
16existing on or after the effective date of this subdivision paragraph .... [revisor inserts
17date], regardless of when the loan was made or when the delinquency accrued.
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