SB44: Bill Text

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.

SB44, s. 1247 Section 1247. 49.1635 (1) of the statutes is amended to read:

SB44,579,3 49.1635 (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) (md) the department shall may distribute funds to the Wisconsin Trust Account Foundation in an amount equal up to the amount received by the foundation from private donations, but not to exceed $100,000 in each a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.

SB44, s. 1248 Section 1248. 49.167 (1) (intro.) of the statutes is amended to read:

SB44,579,10 49.167 (1) (intro.) The department shall may award grants to counties, tribal governing bodies, and private entities to provide community-based alcohol and other drug abuse treatment programs that are targeted at individuals who have a family income of not more than 200% of the poverty line and who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and that do all of the following:

SB44, s. 1249 Section 1249. 49.167 (2) (intro.) of the statutes is amended to read:

SB44,579,13 49.167 (2) (intro.) The department shall do all of the following with respect to the any grants awarded under par. (a):

SB44, s. 1250 Section 1250. 49.169 (2) of the statutes is amended to read:

SB44,579,17 49.169 (2) The department shall may award not more than $1,404,100 in grants to qualified applicants for the provision of literacy training to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et. et seq.

SB44, s. 1251 Section 1251. 49.169 (4) of the statutes is amended to read:

SB44,579,22 49.169 (4) The department, in consultation with the technical college system board, the department of public instruction, and the governor's office, shall develop written criteria to be used to evaluate the any grant proposals and to allocate the any grants under this section among the successful grant applicants.

SB44, s. 1252 Section 1252. 49.175 (1) (intro.) of the statutes is amended to read:

SB44,580,2 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (cm), (dc), (dz), (e), (jL), (k), (kx), (L), (mc), (md), and (nL), (pm), and (ps), the department shall allocate the following amounts for the following purposes:

SB44, s. 1253 Section 1253. 49.175 (1) (a) of the statutes is amended to read:

SB44,580,11 49.175 (1) (a) Wisconsin works Works benefits, wages, and stipends. For Wisconsin works Works benefits provided under contracts having a term that begins on January 1, 2000 2002, and ends on December 31, 2001 2003, $24,654,800 $35,713,700 in fiscal year 2001-02 2003-04; and for Wisconsin works Works benefits, wages, and stipends provided under contracts having a term that begins on January 1, 2002 2004, and ends on December 31, 2003 2005, $24,654,800 $35,713,800 in fiscal year 2001-02 2003-04 and $49,309,600 $78,410,800 in fiscal year 2002-03 2004-05.

SB44, s. 1254 Section 1254. 49.175 (1) (b) of the statutes is amended to read:

SB44,580,21 49.175 (1) (b) Wisconsin works Works administration and ancillary services. For administration of Wisconsin works and program services under Wisconsin works Works performed under contracts under s. 49.143 having a term that begins on January 1, 2000 2002, and ends on December 31, 2001, $63,269,900 2003, $11,139,800 in fiscal year 2001-02 2003-04; and for administration of Wisconsin works and program services under Wisconsin works Works performed under contracts under s. 49.143 having a term that begins on January 1, 2002 2004, and ends on December 31, 2003, $49,610,800 2005, $11,139,900 in fiscal year 2001-02 2003-04 and $99,221,600 $22,279,700 in fiscal year 2002-03 2004-05.

SB44, s. 1255 Section 1255. 49.175 (1) (c) of the statutes is amended to read:

SB44,581,2 49.175 (1) (c) Performance bonuses. For the payment of performance bonuses to Wisconsin works Works agencies that have entered into contracts under s. 49.143 having a term that begins on January 1, 2000 2002, and that ends on December 31, 2001, $12,820,800 2003, $0 in fiscal year 2001-02 2003-04.

SB44, s. 1256 Section 1256. 49.175 (1) (d) of the statutes is repealed.

SB44, s. 1257 Section 1257. 49.175 (1) (e) of the statutes is repealed.

SB44, s. 1258 Section 1258. 49.175 (1) (f) of the statutes is created to read:

SB44,581,16 49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., provided under contracts under s. 49.143 having a term that begins on January 1, 2002, and ends on December 31, 2003, $27,803,300 in fiscal year 2003-04; and for program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., education and training, mentoring, and other services provided under contracts under s. 49.143 having a term that begins on January 1, 2004, and ends on December 31, 2005, $27,803,300 in fiscal year 2003-04 and $55,606,600 in fiscal year 2004-05.

SB44, s. 1259 Section 1259. 49.175 (1) (g) of the statutes is amended to read:

SB44,581,20 49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $24,680,700 in fiscal year 2001-02 and $24,693,200 $18,552,100 in each fiscal year 2002-03.

SB44, s. 1260 Section 1260. 49.175 (1) (h) of the statutes is repealed.

SB44, s. 1261 Section 1261. 49.175 (1) (i) of the statutes is amended to read:

SB44,581,24 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $3,300,000 $4,500,000 in each fiscal year.

SB44, s. 1262 Section 1262. 49.175 (1) (j) of the statutes is repealed.

SB44, s. 1263 Section 1263. 49.175 (1) (n) of the statutes is amended to read:

SB44,582,3 49.175 (1) (n) Job access loans. For job access loans under s. 49.147 (6), $600,000 $200,000 in each fiscal year.

SB44, s. 1264 Section 1264 . 49.175 (1) (n) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,582,7 49.175 (1) (n) Job access loans. For job access loans under s. 49.147 (6) 49.1471, $200,000 in each fiscal year.

SB44, s. 1265 Section 1265. 49.175 (1) (p) of the statutes is amended to read:

SB44,582,11 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $274,500,000 $293,634,300 in fiscal year 2001-02 2003-04 and $305,550,000 $291,385,000 in fiscal year 2002-03 2004-05.

SB44, s. 1266 Section 1266. 49.175 (1) (q) of the statutes is amended to read:

SB44,582,15 49.175 (1) (q) Indirect child care services. For indirect child care services under s. 49.155 (1g), $24,293,900 $6,859,400 in fiscal year 2001-02 2003-04 and $15,458,000 $6,926,700 in fiscal year 2002-03 2004-05.