SB44: Bill Text

SB44, s. 1216 Section 1216. 49.147 (1) of the statutes is repealed.

SB44, s. 1217 Section 1217. 49.147 (1m) of the statutes is repealed.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

SB44,571,21 (4) Minor custodial parents. (intro.) An individual who would be eligible for a job access loan under par. (a) sub. (1), except that the individual has not attained the age of 18, is eligible under this paragraph subsection if the individual meets the following requirements:

SB44, s. 1224 Section 1224. 49.147 (6) (c) of the statutes is amended to read:

SB44,572,2 49.147 (6) (c) Distribution and administration. From the appropriations under s. 20.445 (3) (e) (dz), (jL), and (md), the department shall distribute funds for job access loans to a Wisconsin works Works agency, which shall administer the loans in accordance with rules promulgated by the department.

SB44, s. 1225 Section 1225. 49.147 (6) (cm) of the statutes is created to read:

SB44,572,11 49.147 (6) (cm) Collection of delinquent repayments. 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.

SB44,572,14 2. Subdivision 1. applies to delinquent repayments existing on or after the effective date of this subdivision .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.

SB44, s. 1226 Section 1226. 49.148 (1) (intro.) of the statutes is amended to read:

SB44,572,18 49.148 (1) Benefit levels and wages for participants in employment positions. (intro.) A participant in a Wisconsin works Works employment position shall receive the following benefits or wages:

SB44, s. 1227 Section 1227. 49.148 (1) (am) of the statutes is created to read:

SB44,572,22 49.148 (1) (am) Transitional subsidized private sector jobs. For a participant in a transitional subsidized private sector job, the prevailing federal minimum wage for hours actually worked, paid by the participant's employer.

SB44, s. 1228 Section 1228. 49.148 (1) (b) 1. of the statutes is amended to read:

SB44,573,10 49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4), a monthly grant of $673, paid by the Wisconsin works Works agency. 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) 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 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.

SB44, s. 1229 Section 1229. 49.148 (1m) (a) of the statutes is amended to read:

SB44,573,25 49.148 (1m) (a) A person who meets the eligibility requirements under s. 49.145 (2) and (3) and who is a custodial parent of a child who is 12 weeks 6 months 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 Works group is participating in, or is eligible to participate in, a Wisconsin works Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works Works agency may not require a participant under this subsection to participate in any Wisconsin Works 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) 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.

SB44, s. 1230 Section 1230. 49.148 (1m) (b) of the statutes is renumbered 49.148 (1m) (b) 2. and amended to read:

SB44,574,12 49.148 (1m) (b) 2. Receipt of a grant under this subsection constitutes participation in a Wisconsin works Works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (3m) (e), (4) (b), 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 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.

SB44, s. 1231 Section 1231. 49.148 (1m) (b) 1. of the statutes is created to read:

SB44,574,19 49.148 (1m) (b) 1. 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), (3m) (e), (4) (b), 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.

SB44, s. 1232 Section 1232. 49.148 (4) (a) of the statutes is amended to read:

SB44,575,12 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a transitional subsidized private sector job, community service job, or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use, or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that a participant in a community service job or a transitional placement not more than 15%, and shall decrease the number of hours that a participant in a transitional subsidized private sector job may work by up to 15%, for not fewer than 12 months, or for the remainder of the participant's period of participation in a transitional subsidized private sector job, community service job, or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a transitional subsidized private sector job, community service job, or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction in benefits or work hours under this paragraph.

SB44, s. 1233 Section 1233. 49.148 (4) (b) of the statutes is amended to read:

SB44,575,18 49.148 (4) (b) The Wisconsin works Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (as) or (5) (bs) or as a condition of employment in the transitional subsidized private sector job.

SB44, s. 1234 Section 1234. 49.149 (intro.) of the statutes is repealed.

SB44, s. 1235 Section 1235. 49.149 (1) of the statutes is renumbered 49.1465 (2) (a).

SB44, s. 1236 Section 1236. 49.149 (3) of the statutes is renumbered 49.1465 (2) (b).

SB44, s. 1237 Section 1237. 49.149 (4) of the statutes is renumbered 49.1465 (2) (c).

SB44, s. 1238 Section 1238. 49.15 (3) (a) of the statutes is amended to read:

SB44,575,24 49.15 (3) (a) Unsubsidized employment, as defined in s. 49.147 (1) (c).

SB44, s. 1239 Section 1239. 49.152 (1) of the statutes is amended to read:

SB44,576,11 49.152 (1) Petition for review. Any individual whose application for any component of Wisconsin works Works is not acted upon by the Wisconsin works Works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit, wage, or stipend is modified or canceled, or who believes that the benefit, wage, or stipend was calculated incorrectly or that the Wisconsin Works employment position in which the individual was placed or the transitional subsidized private sector job that the individual was offered is inappropriate, may petition the Wisconsin works Works agency for a review of such action. Review is unavailable if the action by the Wisconsin works Works agency occurred more than 45 days prior to submission of the petition for review.

SB44, s. 1240 Section 1240. 49.152 (3) (a) of the statutes is amended to read:

SB44,576,25 49.152 (3) (a) If, following review under sub. (2), the Wisconsin works Works agency or the department determines that an individual, whose application for a Wisconsin works Works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works Works employment position or offered an inappropriate transitional subsidized private sector job, the Wisconsin works Works agency shall place the individual in the first available Wisconsin works Works employment position, or offer the individual the first available transitional subsidized private sector job, that is appropriate for that individual, as determined by the Wisconsin works Works agency or the department. An individual who is placed in a Wisconsin works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

SB44, s. 1241 Section 1241. 49.152 (3) (b) of the statutes is amended to read:

SB44,577,8 49.152 (3) (b) If, following review under sub. (2), the Wisconsin works Works agency or the department determines that a participant's benefit, wage, or stipend was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works Works agency shall restore the benefit, wage, or stipend to the level determined to be appropriate by the Wisconsin works Works agency or by the department retroactive to the date on which the benefit, wage, or stipend was first improperly modified or canceled or incorrectly calculated.

SB44, s. 1242 Section 1242. 49.155 (1g) (b) of the statutes is amended to read:

SB44,577,23 49.155 (1g) (b) From the appropriation under s. 20.445 (3) (mc), distribute $44,955,200 in fiscal year 2001-02 and $27,977,500 $6,679,100 in each fiscal year 2002-03 for the purposes of providing technical assistance for child care providers, for administering the child care program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, for child day care start-up and expansion planning, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under sub. (1d), for a system of rates or a program of grants, as provided under sub. (1d), for reimbursement of child care providers that meet those quality of care standards, for grants under s. 49.137 (2) and (4m), for a child care scholarship and bonus program, for safe child care activities, and for administration of the department's office of child care, and for contracts under s. 49.137 (4) to improve the quality of child day care services in this state.

SB44, s. 1243 Section 1243. 49.155 (1g) (c) of the statutes is amended to read:

SB44,578,4 49.155 (1g) (c) From the appropriation account under s. 20.445 (3) (mc), transfer $4,549,500 $4,440,600 in fiscal year 2001-02 2003-04 and $4,733,700 $4,507,900 in fiscal year 2002-03 2004-05 to the appropriation account under s. 20.435 (3) (kx).

SB44, s. 1244 Section 1244. 49.155 (1g) (d) of the statutes is repealed.

SB44, s. 1245 Section 1245. 49.155 (1m) (a) 3. of the statutes is amended to read:

SB44,578,10 49.155 (1m) (a) 3. Work in a Wisconsin works Works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) or (3m) (f) and in education or training activities under s. 49.1465 or 49.147 (3) (am), (3m) (g), (4) (am), or (5) (bm).

SB44, s. 1246 Section 1246. 49.161 (4) of the statutes is created to read:

SB44,578,19 49.161 (4) Transitional subsidized private sector jobs overpayments. The department shall by rule specify a process for recovering an overpayment of wages paid under s. 49.148 (1) (am) or an overpayment of a stipend paid under s. 49.147 (3m) (g), including an overpayment caused by an intentional violation of ss. 49.141 to 49.161 or of rules promulgated under those sections, that permits an employer to recover a wage overpayment from the individual to whom the wage was paid and that requires the department to recover from an employer any overpayment of a reimbursement paid by the department to the employer.