Health and human services
Wisconsin Works
Under current law, a person who meets the eligibility requirements for the Wisconsin Works (W-2) program and who is the custodial parent of a child who is 12 weeks old or less may receive a monthly grant of $673 and may not be required to work in a W-2 employment position. Current law also provides generally that receiving a monthly grant as the custodial parent of an infant counts toward the time limits that apply to how long an individual may receive certain benefits only if the child was born more than ten months after the date on which the individual was first determined to be eligible for W-2.
This bill changes the eligibility requirement by increasing the maximum age of the child so that the custodial parent of a child who is 26 weeks old or less may receive the monthly grant and may not be required to work in a W-2 employment position. The bill also provides that receiving a monthly grant as the custodial parent of an infant counts toward the time limits that apply to how long an individual may receive certain benefits regardless of when the child was born in relation to when the individual was first determined to be eligible for W-2. In addition, the bill provides that an unmarried woman who would be eligible for W-2 except that she is not a custodial parent may also receive a monthly grant of $673 and may not be required to work in a W-2 employment position if she is in the third trimester of a medically verified pregnancy that is at risk and that renders the woman unable to participate in the workforce. Her receipt of a grant does not count toward the time limits for how long an individual may receive certain benefits.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.148 (1m) (title) of the statutes is amended to read:
49.148 (1m) (title) CUSTODIAL PARENT OF INFANT; UNMARRIED, PREGNANT WOMAN.
SECTION 2. 49.148 (1m) (a) (intro.) of the statutes is created to read:
49.148 (1m) (a) (intro.) Any of the following may receive a monthly grant of $673:
SECTION 3. 49.148 (1m) (a) of the statutes is renumbered 49.148 (1m) (a) 1. and amended to read:
49.148 (1m) (a) 1. A An individual who meets the eligibility requirements under s. 49.145 (2) and (3) and who is a custodial parent of a child who is 12 26 weeks 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).
(bm) A Wisconsin works Works agency may not require a participant under this subsection to participate in any 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.
****NOTE: This is reconciled s. 49.148 (1m) (a). This SECTION has been affected by LRB-0484 and LRB-1187.
SECTION 4. 49.148 (1m) (a) 2. of the statutes is created to read:
49.148 (1m) (a) 2. An unmarried woman who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child and who is in the 3rd trimester of a pregnancy that is medically verified and that is shown by medical documentation to be at risk and to render the woman unable to participate in the workforce.
SECTION 5. 49.148 (1m) (b) of the statutes is renumbered 49.148 (1m) (c) 1. and amended to read:
49.148 (1m) (c) 1. Receipt of a grant under this subsection by a participant under par. (a) 1. 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), (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 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 in violation of s. 948.02 or 948.025 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.
****NOTE: This is reconciled s. 49.148 (1m) (b). This SECTION has been affected by LRB-0484 and LRB-1187.
SECTION 6. 49.148 (1m) (c) (intro.) of the statutes is created to read:
49.148 (1m) (c) (intro.) For purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:
SECTION 7. 49.148 (1m) (c) 2. of the statutes is created to read:
49.148 (1m) (c) 2. Receipt of a grant under this subsection by a participant under par. (a) 2. does not constitute participation in a Wisconsin Works employment position.
****NOTE: This is reconciled s. 49.148 (1m) (c) 2. This SECTION has been affected by LRB-0484 and LRB-1187.
SECTION 8. 49.159 (4) of the statutes is amended to read:
49.159 (4) PREGNANT WOMEN. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.
SECTION 9354. Initial applicability; Workforce Development.
(1) GRANTS FOR CUSTODIAL PARENT OF INFANT UNDER WISCONSIN WORKS.
(a) Eligibility. The treatment of section 49.148 (1m) (a) (with respect to eligibility of a custodial parent for a grant) of the statutes first applies to individuals who are determined, on the effective date of this paragraph, to be eligible for the Wisconsin Works program under sections 49.141 to 49.161 of the statutes and to be custodial parents of children who are 26 weeks old or less.
(b) Constituting participation in employment position. The treatment of section 49.148 (1m) (a) (with respect to receipt of grants not constituting participation in a Wisconsin Works employment position) and (b) of the statutes first applies to grants received under section 49.148 (1m) of the statutes on the effective date of this paragraph.
SECTION 9454. Effective dates; Workforce Development.
(1) WISCONSIN WORKS GRANTS FOR PREGNANT WOMEN AND CUSTODIAL PARENTS. The treatment of sections 49.148 (1m) (title), (b), and (c) (intro.) and 2. and 49.159 (4) of the statutes, the renumbering and amendment of section 49.148 (1m) (a) of the statutes, and the creation of section 49.148 (1m) (a) (intro.) and 2. of the statutes and SECTION 9354 (1) of this act take effect on January 1, 2008.
****NOTE: This is reconciled SECTION 9454 (1). This SECTION has been affected by LRB-0484 and LRB-1187.
(End)
LRB-0485LRB-0485/2
PJK:jld:sh
2007 - 2008 LEGISLATURE
DOA:......Harshner, BB0111 - High-volume automated enforcement for interstate child support cases
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
Under current law, if a person (obligor) who has been ordered by a court to pay child or family support, maintenance, medical expenses of a child, or birth expenses (support) fails to pay any of the court-ordered amount, the amount not paid becomes a lien against all of the obligor's property in favor of DWD. DWD may enforce the lien by levying against an account in which the obligor has an interest at a financial institution. DWD must follow certain notice procedures and the obligor may request a hearing in the circuit court that rendered the support order. Both DWD and the financial institution may assess collection fees, which are charged against the obligor's account.
This bill provides that, if the lien based on delinquent support is in favor of another state, DWD may send the other state's request for enforcement to a financial institution, along with DWD's certification that any necessary due process requirements in the other state have been met and a request for the financial institution to honor the other state's request for enforcement by sending the amount specified in the request directly to the other state. The notice and hearing requirements for levying against a financial account when the lien arose in this state do not apply to a lien in favor of another state. DWD and the financial institution, however, may still assess collection fees.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.854 (5) (a) 3. of the statutes is created to read:
49.854 (5) (a) 3. "Lien" means a lien under this section or a lien in favor of another state based on a support obligation, including a lien placed under s. 769.305 (2) (g).
SECTION 2. 49.854 (5) (b) of the statutes is amended to read:
49.854 (5) (b) Notice to the financial institution. To enforce a lien under this section by levying against an account at a financial institution, the department shall send a notice of levy to the financial institution instructing the financial institution to prohibit the closing of or withdrawals from one or more accounts that the obligor owns in whole or in part, up to a total amount that is sufficient to pay the support owed, financial institution fees under par. (e), and estimated levy fees and costs under sub. (11), until further notice from the department or a court. The financial institution shall comply with the notice of levy and shall hold the amount specified in the notice until the financial institution receives further instructions from the department or a court.
SECTION 3. 49.854 (5) (c) of the statutes is created to read:
49.854 (5) (c) Liens in favor of other states. Notwithstanding par. (b), if a lien under par. (b) is in favor of another state, the notice sent by the department to the financial institution may consist of the request from the other state to enforce the lien, a certification by the department that any necessary due process requirements were met in the other state, a request that the financial institution honor the request from the other state by sending the amount specified in the request directly to the other state, and the address to which the financial institution shall send the funds. Notice and hearing requirements under pars. (d) and (f) do not apply to a lien in favor of another state.
SECTION 4. 49.854 (5) (e) of the statutes is amended to read:
49.854 (5) (e) Financial institution fees. A financial institution may continue to collect fees, under the terms of the account agreement, on accounts frozen under this subsection. In addition to the levy fee authorized under sub. (11) (a), a financial institution may collect any early withdrawal penalty incurred under the terms of an account as a result of the levy. Financial institution fees authorized under this paragraph may be charged to the account immediately prior to the remittance of the amount to the department or the other state and may be charged even if the amounts in the obligor's accounts are insufficient to pay the total amount of support owed and the department's levy costs under sub. (11) (b).
(End)
LRB-0486LRB-0486/1
PJK:jld:pg
2007 - 2008 LEGISLATURE
"
DOA:......Harshner, BB0113 - Real work real pay" project
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: a real work, real pay pilot project in the Wisconsin Works program.
Analysis by the Legislative Reference Bureau
Health and human services
Wisconsin Works
The Wisconsin Works (W-2) program under current law provides work experience and benefits for low-income custodial parents who are at least 18 years old; job search assistance to noncustodial parents who are required to pay child support, to minor custodial parents, and to pregnant women who are not custodial parents; and child care subsidies for certain parents who need child care services to participate in various educational or work activities. W-2, which is funded with federal Temporary Assistance for Needy Families (TANF) block grant moneys, federal child care block grant moneys, and state general purpose revenue (GPR), is administered by DWD, which in turn contracts with W-2 agencies to administer W-2 on the local level.
The work components under W-2, called employment positions, consist of three categories: 1) trial jobs, under which an individual receives at least minimum wage from an employer and the W-2 agency pays a wage subsidy of up to $300 per month to the employer; 2) community service jobs, under which an individual works in a project that serves a useful public purpose or that will generate revenue to wholly or partially offset the project's cost and receives a monthly grant of up to $673 from the W-2 agency; and 3) transitional placements, under which an individual participates in work activities in a community rehabilitation program, a job similar to a community service job, or volunteer activities and receives a monthly grant of up to $628 from the W-2 agency. A participant in an employment position must search for unsubsidized employment the entire time that he or she is participating in the W-2 employment position. Also under current law, DWD is directed to continue the creation and implementation of a subsidized work program.
This bill eliminates the directive to DWD to continue the creation and implementation of a subsidized work program and requires DWD to conduct and evaluate, from January 1, 2008, to December 31, 2009, a real work, real pay pilot project. The pilot project is limited to 500 participants, who must satisfy the eligibility requirements for W-2, and must be conducted in at least one of the geographical areas of the state established for administering the W-2 program that is located in Milwaukee County and in at least two of those geographical areas that are not in Milwaukee County. An individual may participate in the pilot project for up to six months, with a possible three-month extension. Under the project, a W-2 agency pays a wage subsidy, which may not exceed the federal minimum wage for no more than 30 hours of work per week, to an employer that employs a project participant. The employer is also reimbursed for up to 100 percent of federal social security taxes, state and federal unemployment contributions, and worker's compensation insurance premiums paid on behalf of a participant. The W-2 agency and the employer of a participant must work together to find a mentor for the participant at the work site. A mentor receives a monthly stipend of $50 from the W-2 agency. An employer that employs a participant and receives a wage subsidy must agree to make a good faith effort to retain the participant as an unsubsidized employee after the wage subsidy ends if the participant successfully completes participation in the pilot project. If the employer does not retain the participant, the employer must serve as an employment reference for the participant or provide a written performance evaluation of the participant, including recommendations for improvement.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.147 (3m) of the statutes is created to read:
49.147 (3m) REAL WORK, REAL PAY PILOT PROJECT. (a) Administration and evaluation. Except as provided in par. (d), the department shall conduct and evaluate a real work, real pay pilot project from January 1, 2008, to December 31, 2009.
(b) Eligibility and project limits. 1. Except as specifically provided in this subsection, all general and nonfinancial eligibility requirements under s. 49.145 apply to participants under this subsection, and all requirements under sub. (3), as they apply to Wisconsin Works agencies, employers, and participants, apply to Wisconsin Works agencies, employers, and participants under this subsection.
2. The project shall be limited to 500 individuals and shall be conducted in at least one of the geographical areas established by the department under s. 49.143 (6) that is in Milwaukee County and in at least 2 of those geographical areas that are not in Milwaukee County.
(c) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay an employer that employs a participant under this subsection a monthly wage subsidy that does not exceed the federal minimum wage for no more than 30 hours of work per week. Worksite training activities prescribed by the employer that are consistent with training provided to other employees at the worksite are considered work for purposes of calculating the wage subsidy under this paragraph. In addition to the wage subsidy, the Wisconsin Works agency shall reimburse the employer for up to 100 percent of all of the following costs that are attributable to employment of the participant:
1. Federal social security taxes.
2. State and federal unemployment contributions or taxes, if any.
3. Worker's compensation insurance premiums, if any.
(d) Time-limited participation and payment extension. An individual may participate in the project under this subsection for a maximum of 6 months, with an opportunity for an extension of up to 3 months. Notwithstanding the ending date for the project, payments under par. (c) for any participant who is accepted into the project before December 31, 2009, shall be made until the participant completes his or her 6-month participation period or any extension to it already commenced before that date.
(e) Mentors and stipends. The Wisconsin Works agency and employer of a participant under this subsection shall work together to find a mentor for the participant at the participant's work site. The Wisconsin Works agency shall pay each mentor a monthly stipend of $50.
(f) Employer effort to retain, refer, or evaluate participant. An employer that employs a participant under this subsection and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends if the participant successfully completes participation in the project under this subsection. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency a written performance evaluation of the participant, including recommendations for improvements.
SECTION 2. 49.26 (1) (g) (intro.) of the statutes is amended to read:
49.26 (1) (g) (intro.) An individual who is a dependent child in a Wisconsin works Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) or who is a recipient of aid under s. 49.19 is subject to the school attendance requirement under par. (ge) if all of the following apply:
SECTION 3. 49.26 (1) (h) 1s. b. of the statutes is amended to read:
49.26 (1) (h) 1s. b. An individual who is a dependent child in a Wisconsin works Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) and who fails to meet the school attendance requirement under par. (ge) is subject to a monthly sanction.
SECTION 4. 49.36 (2) of the statutes is amended to read:
49.36 (2) The department may contract with any county, tribal governing body, or Wisconsin Works agency to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193, 1997 stats., or s. 49.147 (3), (3m), or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriations under s. 20.445 (3) (dz) and (k).
SECTION 5. 71.07 (2dj) (am) 4h. of the statutes is amended to read:
71.07 (2dj) (am) 4h. Modify section 51 (a) of the internal revenue code so that the amount of the credit is 25% of the qualified first-year wages if the wages are paid to an applicant for a Wisconsin works Works employment position for service either in an unsubsidized position or in a trial job position under s. 49.147 (3) or (3m) and so that the amount of the credit is 20% of the qualified first-year wages if the wages are not paid to such an applicant.
SECTION 6. 71.07 (2dx) (a) 5. of the statutes is amended to read:
71.07 (2dx) (a) 5. "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in 26 USC 51 (d) (7), a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under sub. (2dj) (am) 3. by a designated local agency, as defined in sub. (2dj) (am) 2.
SECTION 7. 71.07 (2dx) (b) 2. of the statutes is amended to read:
71.07 (2dx) (b) 2. The amount determined by multiplying the amount determined under s. 560.785 (1) (b) by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
SECTION 8. 71.07 (2dx) (b) 3. of the statutes is amended to read:
71.07 (2dx) (b) 3. The amount determined by multiplying the amount determined under s. 560.785 (1) (c) by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
