2009 Wisconsin Act 28

28,1158 Section 1158. 49.147 (4) (as) of the statutes is amended to read:

49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin works Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works Works agency to be appropriate for the participant at the time of application or review, but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

28,1160 Section 1160. 49.147 (4) (av) of the statutes is amended to read:

49.147 (4) (av) Education for 18-year-old and 19-year-old students. A Wisconsin works Works agency shall permit a participant under this subsection who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or, at the option of the participant, to enroll in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation requirement under par. (as).

28,1161 Section 1161. 49.147 (4) (b) of the statutes is repealed.

28,1161c Section 1161c. 49.147 (4m) of the statutes is created to read:

49.147 (4m) Subsidized private sector employment. (a) Subject to pars. (b) and (cm), the department shall establish and administer a subsidized private sector employment program, under which participants shall be paid the benefits under s. 49.148 (1) (d) for work in 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. An individual may participate in a project under this subsection for a maximum of 6 months, with an opportunity for an extension.

(b) Subject to par. (cm), the department shall begin operating the program under this subsection only if all of the following occur:

1. The secretary structures the subsidized private sector employment program in such a manner that the total cost for a participant in the program under this subsection does not exceed what the total cost would be for the participant in the community service job program administered under sub. (4).

2. The secretary determines that the cash flow to a participant in the subsidized private sector employment program under this subsection, including the advance payment of any tax credit, is not less than what the cash flow would be to the participant in the community service job program administered under sub. (4).

3. The secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection is permitted under federal law or under a waiver, or an amendment to a waiver, approved by the federal department of health and human services for the operation of Wisconsin Works.

(c) 1. If the secretary of children and families determines that a waiver, or an amendment to a waiver, is necessary to administer the subsidized private sector employment program in the manner provided under this subsection, the secretary of children and families shall no later than September 30, 2009, request the waiver or the amendment to the waiver from the secretary of the federal department of health and human services to permit the secretary of children and families to administer the subsidized private sector employment program in the manner provided under this subsection.

2. If the secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection would necessitate changes in the federal Temporary Assistance for Needy Families block grant program legislation under 42 USC 601 et seq., the secretary shall pursue the necessary changes to the federal legislation.

(cm) 1. Except as provided in subd. 2., the department may not begin operating the program under this subsection before January 1, 2011.

2. If the department determines that a waiver, an amendment to a waiver, or changes in the federal Temporary Assistance for Needy Families block grant program legislation are necessary for administering the subsidized private sector employment program in the manner provided under this section, the department may not begin operating the program under this subsection before the later of the following:

a. The waiver or waiver amendment is approved and in effect or the federal legislation changes are adopted and in effect, or both, whichever is applicable.

b. January 1, 2011.

(d) 1. The department shall promulgate rules for the establishment and administration of the program under this subsection.

2. The department may promulgate emergency rules under s. 227.24 for the establishment and administration of this subsection for the period before the effective date of any permanent rules promulgated under subd. 1., but not to exceed the period authorized under s. 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subdivision.

28,1162 Section 1162. 49.147 (5) (b) 1. (intro.) of the statutes is renumbered 49.147 (5) (b) (intro.).

28,1163 Section 1163. 49.147 (5) (b) 1. a. of the statutes is renumbered 49.147 (5) (b) 1m.

28,1164 Section 1164. 49.147 (5) (b) 1. c. of the statutes is renumbered 49.147 (5) (b) 2m.

28,1165 Section 1165. 49.147 (5) (b) 1. d. of the statutes is renumbered 49.147 (5) (b) 3.

28,1166 Section 1166. 49.147 (5) (b) 1. e. of the statutes is renumbered 49.147 (5) (b) 4.

28,1167 Section 1167. 49.147 (5) (b) 2. of the statutes is repealed.

28,1168 Section 1168. 49.147 (5) (bs) of the statutes is amended to read:

49.147 (5) (bs) Required hours. Except as provided in par. (bt) and sub. (5m), a Wisconsin works Works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. Except as provided in sub. (5m), a Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week 1m. to 4. The Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

28,1170 Section 1170. 49.147 (5m) (a) (intro.) of the statutes is amended to read:

49.147 (5m) (a) (intro.) To the extent permitted under 42 USC 607, and except as provided in par. (bL), a participant under sub. (4) (b) or (5) may participate in a technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:

28,1172c Section 1172c. 49.148 (1) (intro.) of the statutes is amended to read:

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

28,1173 Section 1173. 49.148 (1) (c) of the statutes is amended to read:

49.148 (1) (c) Transitional placements. For a participant in a transitional placement under s. 49.147 (5) or in a transitional placement and in technical college education under s. 49.147 (5m), a grant of $628, paid monthly by the Wisconsin works Works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1. a. to e. 1m. to 4., 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.

28,1173c Section 1173c. 49.148 (1) (d) of the statutes is created to read:

49.148 (1) (d) Subsidized private sector employment. 1. In this paragraph, "benefits" means compensation in the form of the state or federal minimum wage, whichever is higher.

2. For a participant in subsidized private sector employment under s. 49.147 (4m), a monthly grant of not more than $25, as well as benefits for each hour actually worked in subsidized private sector employment, up to 20 hours per week .

28,1174 Section 1174. 49.148 (1m) (title) of the statutes is amended to read:

49.148 (1m) (title) Custodial parent of infant; unmarried, pregnant woman.

28,1175 Section 1175. 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:

28,1176 Section 1176. 49.148 (1m) (a) of the statutes is amended to read:

49.148 (1m) (a) A custodial parent of a child who is 12 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). 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 Works employment position for purposes of the time limits limit 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 Works employment position.

28,1177 Section 1177. 49.148 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.148 (1m) (a) 1. and amended to read:

49.148 (1m) (a) 1. A custodial parent of a child 12 weeks old or less 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 group is participating in, or is eligible to participate in, a Wisconsin Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c).

(bm) A Wisconsin Works agency may not require a participant under this subsection to participate in any employment positions.

(c) 1. Receipt of a grant under this subsection by a participant under par. (a) 1. does not constitute participation in a Wisconsin Works employment position for purposes of the time limit under s. 49.145 (2) (n) 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.

28,1179 Section 1179. 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.

28,1180 Section 1180. 49.148 (1m) (b) of the statutes is amended to read:

49.148 (1m) (b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works Works employment position for purposes of the time limits under ss. limit under s. 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 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.

28,1181 Section 1181. 49.148 (1m) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.148 (1m) (c) 2. and amended to read:

49.148 (1m) (c) 2. Receipt of a grant under this subsection by a participant under par. (a) 1. constitutes participation in a Wisconsin Works employment position for purposes of the time limit under s. 49.145 (2) (n) 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 as a result 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.

28,1182c Section 1182c. 49.148 (1m) (c) (intro.) of the statutes is created to read:

49.148 (1m) (c) (intro.) For purposes of the time limit under s. 49.145 (2) (n), all of the following apply:

28,1182e Section 1182e. 49.148 (1m) (c) 3. of the statutes is created to read:

49.148 (1m) (c) 3. Receipt of a grant under this subsection by a participant under par. (a) 2. does not constitute participation in a Wisconsin Works employment position.

28,1183 Section 1183. 49.148 (4) (b) of the statutes is amended to read:

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) (a) and (am) or (5) (bs) (b) and (bm).

28,1185 Section 1185. 49.151 (1) (intro.) of the statutes is amended to read:

49.151 (1) Refusal to participate. (intro.) A participant who refuses to participate 3 times, as determined under guidelines promulgated under s. 49.1515, in any Wisconsin works Works employment position component is ineligible to participate in that component the Wisconsin Works program for 3 months. A participant is also ineligible to participate in that the Wisconsin works employment position component Works program if an individual in the participant's Wisconsin works Works group is subject to the work requirement under s. 49.15 (2) and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant or an individual who is subject to the work requirement under s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:

28,1186 Section 1186. 49.151 (1) (b) of the statutes is amended to read:

49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin works Works group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e. 1m. to 4., without good cause, as determined by the Wisconsin works Works agency.

28,1187 Section 1187. 49.1515 of the statutes is created to read:

49.1515 Determining nonparticipation without good cause. (1) Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s. 49.151 (1) (a), (b), (c), (d), or (e) is demonstrating a refusal to participate.

(2) Actions before determination. Before determining under s. 49.151 that a participant is ineligible to participate in the Wisconsin Works program, the Wisconsin Works agency shall do all of the following:

(a) Determine whether the failure of the participant or individual to participate is because the participant or individual refuses to participate or is unable to participate.

(b) Ensure that the services offered to the participant or individual are appropriate for him or her.

(c) Determine whether good cause exists for the failure to participate.

(3) Conciliation period for compliance. (a) If a Wisconsin Works agency, in accordance with rules promulgated under sub. (1) and after taking the steps required under sub. (2), determines that a participant or individual has refused to participate without good cause, the Wisconsin Works agency shall allow the participant or individual a conciliation period during which he or she must participate in all assigned activities unless good cause exists that prevents compliance during the conciliation period.

(b) The department shall by rule establish the length of time for a conciliation period.

(4) Emergency rules prohibited. Notwithstanding s. 227.24, the department may not promulgate any rules under this section as emergency rules using the procedure under s. 227.24.

28,1188 Section 1188. 49.153 (1) (a) of the statutes is renumbered 49.153 (1) (bm) and amended to read:

49.153 (1) (bm) Provide After providing the explanation under par. (am), provide to the participant written notice of the proposed action and of the reasons for the proposed action.

28,1189 Section 1189. 49.153 (1) (b) of the statutes is renumbered 49.153 (1) (am) and amended to read:

49.153 (1) (am) After providing written notice, explain Explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.

28,1190 Section 1190. 49.153 (1) (c) of the statutes is amended to read:

49.153 (1) (c) After providing the notice under par. (a) and the explanation or the attempts to provide an explanation under par. (b), (am) and the notice under par. (bm), if the participant has not already been afforded a conciliation period under s. 49.1515 (3) allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

28,1190p Section 1190p. 49.155 (title) of the statutes is amended to read:

49.155 (title) Wisconsin works Shares; child care subsidy.

28,1191 Section 1191. 49.155 (1) (ah) of the statutes is created to read:

49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23, the unit, as defined in s. 49.825 (1) (e), or a Wisconsin Works agency, child care resource and referral agency, or other agency.

28,1192 Section 1192. 49.155 (1) (c) of the statutes is amended to read:

49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian, or a person acting in the place of a parent.

28,1193 Section 1193. 49.155 (1g) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 49.155 (1g) (intro.) and amended to read:

49.155 (1g) Distribution of funds Child care allocations. (intro.) Within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, the department shall do all of the following: (a) (intro.) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.437 (2) (cm), (kx), (mc), and (md), the department shall allocate and distribute allocate funding in each fiscal year for all of the following:

28,1194 Section 1194. 49.155 (1g) (a) 1. of the statutes is renumbered 49.155 (1g) (ac).

28,1195b Section 1195b. 49.155 (1g) (a) 2. of the statutes is renumbered 49.155 (1g) (bc) and amended to read:

49.155 (1g) (bc) Grants under s. 49.134 (2) for child day care resource and referral services, in the amount of at least $1,225,000 $1,298,600 per fiscal year.

28,1196 Section 1196. 49.155 (1g) (a) 3. of the statutes is renumbered 49.155 (1g) (c) and amended to read: