Amendment ASA1-AB40

AB40-ASA1,962 Section 962. 49.147 (1) of the statutes is amended to read:

AB40-ASA1,557,11 49.147 (1) Definition. In this section, "unsubsidized employment" means employment, including self-employment and entrepreneurial activities, for which the Wisconsin Works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities receives no wage subsidy.

AB40-ASA1,963 Section 963. 49.147 (1m) (b) of the statutes is amended to read:

AB40-ASA1,557,19 49.147 (1m) (b) If the Wisconsin Works agency determines that the appropriate placement for an individual is in unsubsidized employment or a trial employment match program job and that the individual needs and wishes to pursue basic education, including a course of study meeting the standards established under s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, the Wisconsin Works agency shall pay for the basic education services identified in the employability plan developed for the individual.

AB40-ASA1,964 Section 964. 49.147 (2) (am) 2. of the statutes is amended to read:

AB40-ASA1,558,2 49.147 (2) (am) 2. A Wisconsin Works agency shall, every 30 days, review the provision of case management services to an individual under this paragraph, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual should be placed in a trial employment match program job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process under this subdivision.

AB40-ASA1,965 Section 965. 49.147 (3) (title) of the statutes is amended to read:

AB40-ASA1,558,4 49.147 (3) (title) Trial jobs employment match program.

AB40-ASA1,966 Section 966. 49.147 (3) (a) of the statutes is amended to read:

AB40-ASA1,558,13 49.147 (3) (a) Administration. A Wisconsin Works agency shall administer a trial job employment match program as part of its administration of the Wisconsin Works program to improve the employability of individuals who are not otherwise are not able to obtain unsubsidized employment, as determined by the Wisconsin 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 agency shall give priority to placement under this subsection over placements under subs. (4) and (5).

AB40-ASA1,559,5 (ac) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and that 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 that would be required for full-time employment in that month. a wage subsidy in an amount that is negotiated between the Wisconsin Works agency and the employer but that is not less than the state or federal minimum wage that applies to the participant. The wage subsidy shall be paid for each hour that the participant actually works, up to a maximum of 40 hours per week. In addition to paying the wage subsidy, the Wisconsin Works agency may, as negotiated between the Wisconsin Works agency and the employer, reimburse the employer for all or a portion of other costs that are attributable to the employment of the participant, including any of the following:

AB40-ASA1,967 Section 967. 49.147 (3) (ac) 1. of the statutes is created to read:

AB40-ASA1,559,7 49.147 (3) (ac) 1. Federal social security and Medicare taxes.

AB40-ASA1,968 Section 968. 49.147 (3) (ac) 2. of the statutes is created to read:

AB40-ASA1,559,9 49.147 (3) (ac) 2. State and federal unemployment contributions or taxes.

AB40-ASA1,969 Section 969. 49.147 (3) (ac) 3. of the statutes is created to read:

AB40-ASA1,559,11 49.147 (3) (ac) 3. Worker's compensation insurance premiums.

AB40-ASA1,970 Section 970. 49.147 (3) (am) of the statutes is amended to read:

AB40-ASA1,559,16 49.147 (3) (am) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment match program employment.

AB40-ASA1,971 Section 971. 49.147 (3) (c) of the statutes is amended to read:

AB40-ASA1,560,4 49.147 (3) (c) Time-limited participation. A participant under this subsection may participate in a trial employment match program job for a maximum of 3 6 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin Works agency. A participant may participate in more than one trial employment match program job, but may not exceed a total of 24 months of participation under this subsection. The months 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 the participant has made all appropriate efforts to find unsubsidized employment and 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.

AB40-ASA1,972 Section 972. 49.147 (3) (d) of the statutes is created to read:

AB40-ASA1,560,15 49.147 (3) (d) 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, although nothing in this subsection requires an employer to retain a participant as a permanent unsubsidized employee after the wage subsidy ends. 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.

AB40-ASA1,973 Section 973. 49.147 (3) (e) of the statutes is created to read:

AB40-ASA1,560,21 49.147 (3) (e) Noncustodial parents. Notwithstanding s. 49.145 (1) and (2) (a), an individual who would be eligible for a job under this subsection except that the individual is a noncustodial parent of a dependent child is eligible for placement under this subsection, subject to s. 49.159 (1) (b) 2., if the individual is eligible for services and benefits under s. 49.159 (1) (a).

AB40-ASA1,974 Section 974. 49.147 (3m) of the statutes is repealed.

AB40-ASA1,975 Section 975. 49.147 (4) (a) of the statutes is amended to read:

AB40-ASA1,561,12 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 employment match program 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). 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.

AB40-ASA1,976 Section 976. 49.147 (4) (b) of the statutes is amended to read:

AB40-ASA1,562,3 49.147 (4) (b) Time-limited participation. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin Works agency may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin Works agency determines that the individual has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin Works agency and approved by the department, and if the Wisconsin Works agency determines, and the department agrees, that no trial employment match program job opportunities are available in the specified local labor market.

AB40-ASA1,977 Section 977. 49.147 (4m) of the statutes is repealed.

AB40-ASA1,978 Section 978. 49.147 (5) (a) 3. of the statutes is amended to read:

AB40-ASA1,562,8 49.147 (5) (a) 3. The Wisconsin works Works agency determines that the individual is incapable of performing a trial employment match program job or community service job.

AB40-ASA1,979 Section 979. 49.147 (6) (b) 2. of the statutes is repealed.

AB40-ASA1,980 Section 980. 49.147 (6) (c) of the statutes is amended to read:

AB40-ASA1,562,15 49.147 (6) (c) Distribution Funding and administration. From the appropriation appropriations under s. 20.437 (2) (jL) and (md), the department shall distribute allocate funds for job access loans to a Wisconsin Works agency agencies, which shall administer the loans in accordance with rules promulgated by the department.

AB40-ASA1,981 Section 981. 49.147 (6) (e) of the statutes is created to read:

AB40-ASA1,562,20 49.147 (6) (e) Noncustodial parents. Notwithstanding s. 49.145 (1) and (2) (a), an individual who would be eligible for a job access loan under par. (a) except that the individual is a noncustodial parent of a dependent child is eligible to receive a job access loan under this subsection.

AB40-ASA1,982 Section 982. 49.148 (1) (a) of the statutes is amended to read:

AB40-ASA1,563,4 49.148 (1) (a) Trial employment match program jobs. For a participant in a trial employment match program job, the amount established in the contract between the Wisconsin works Works agency and the trial employment match program job employer, but not less than minimum wage for every hour actually worked in the trial employment match program job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. 49.147 (3) (am) shall be included in determining the number of hours actually worked.

AB40-ASA1,983 Section 983. 49.148 (1) (b) 1. of the statutes is amended to read:

AB40-ASA1,563,17 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 $653 , paid by the Wisconsin 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. 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), the grant amount under this paragraph shall equal the amount specified under subd. 1m. minus $5 for each hour that the participant misses work or education or training activities without good cause.

AB40-ASA1,984 Section 984. 49.148 (1) (b) 1m. (intro.) of the statutes is amended to read:

AB40-ASA1,563,21 49.148 (1) (b) 1m. (intro.) Except as provided in subd. 1., the Wisconsin works agency department or an entity contracting with the department shall pay a participant in a community service job the following:

AB40-ASA1,985 Section 985. 49.148 (1) (b) 3. of the statutes is amended to read:

AB40-ASA1,564,4 49.148 (1) (b) 3. For a participant in a community service job who participates in technical college education under s. 49.147 (5m), a monthly grant of $653, paid by the Wisconsin Works agency. For every hour that the participant misses work or other required activities without good cause, the grant amount shall be reduced by $5. 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.

AB40-ASA1,986 Section 986. 49.148 (1) (c) of the statutes is amended to read:

AB40-ASA1,564,14 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 monthly grant of $608, paid monthly by the Wisconsin 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 d., the grant amount shall be reduced by $5. 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.

AB40-ASA1,987 Section 987. 49.148 (1) (d) of the statutes is repealed.

AB40-ASA1,988 Section 988. 49.155 (1g) (c) of the statutes is amended to read:

AB40-ASA1,564,18 49.155 (1g) (c) Child care licensing activities, in the amount of at least $8,767,000 per fiscal year.

AB40-ASA1,989 Section 989. 49.155 (1m) (a) 3r. of the statutes is created to read:

AB40-ASA1,564,21 49.155 (1m) (a) 3r. Participate in the Transform Milwaukee Jobs program under s. 49.163.

AB40-ASA1,990 Section 990. 49.155 (3) (c) of the statutes is repealed.

AB40-ASA1,991 Section 991. 49.155 (3m) (a) of the statutes is amended to read:

AB40-ASA1,565,9 49.155 (3m) (a) The department shall issue benefits directly to individuals who are eligible for subsidies under this section or pay or reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23, county departments or agencies, or tribal governing bodies for child care services provided under this section and. The department may also contract with and provide grants to private nonprofit agencies that provide child care for children of migrant workers. The department may pay or reimburse a Wisconsin works Works agency for child care that the Wisconsin works Works agency provides to the children of Wisconsin works Works participants and applicants or that the Wisconsin Works agency arranges to meet immediate, short-term child care needs of participants prior to authorization of a subsidy under sub. (1m).

AB40-ASA1,992 Section 992. 49.155 (3m) (c) of the statutes is repealed.

AB40-ASA1,993 Section 993. 49.155 (4) (c) of the statutes is created to read:

AB40-ASA1,565,18 49.155 (4) (c) 1. Notwithstanding par. (a) and subject to subd. 2., an eligible individual may receive a child care subsidy under this section for child care that is provided by an out-of-state provider of child care. Notwithstanding sub. (6), payments for child care services provided by an out-of-state provider under this subdivision shall be based on the maximum rate applicable in the county in which the eligible individual resides or on the out-of-state provider's actual rate, whichever is lower.

AB40-ASA1,565,23 2. As a condition of payment under this section for child care services provided to a child of an individual who is eligible for a subsidy under this section, an out-of-state provider is subject to, and shall comply with, the provisions of this section, and rules promulgated under this section, that apply to a child care provider, as determined by the department.

AB40-ASA1,994 Section 994. 49.155 (5) of the statutes is renumbered 49.155 (5) (a) and amended to read:

AB40-ASA1,566,7 49.155 (5) (a) An individual receiving a subsidy under this section is liable for the percentage of difference, if any, between the cost of the child care specified by the department in a printed copayment schedule. An provided by the child care provider or providers selected by the individual and the subsidy amount. The department shall specify minimum or estimated copayment amounts based on family size, income level, and other factors, a schedule of which will be available in electronic form on the department's Internet site and in paper form.

AB40-ASA1,566,12 (b) An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.

AB40-ASA1,995 Section 995. 49.155 (6) (a) of the statutes is amended to read:

AB40-ASA1,566,19 49.155 (6) (a) Subject to review and approval by the The department, each county shall establish the maximum reimbursement rate payment rates for licensed child care services provided under this section. A county The department shall set the rate rates so that at least 75% of the number of places for children within the licensed capacity of all child care providers in that county can be purchased at or below that maximum rate by eligible individuals under this section.

AB40-ASA1,996 Section 996. 49.155 (6) (b) of the statutes is amended to read:

AB40-ASA1,566,25 49.155 (6) (b) Subject to review and approval by the The department, each county shall set a maximum reimbursement rate payment rates for Level I certified family child care providers for services provided to eligible individuals under this section. The maximum rate rates set under this paragraph may not exceed 75% of the rate rates established under par. (a).

AB40-ASA1,997 Section 997. 49.155 (6) (c) of the statutes is amended to read:

AB40-ASA1,567,6 49.155 (6) (c) Subject to review and approval by the The department, each county shall set a maximum reimbursement rate payment rates for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rate rates set under this paragraph may not exceed 50% of the rate rates established under par. (a).

AB40-ASA1,998 Section 998. 49.155 (6) (cm) of the statutes is amended to read:

AB40-ASA1,567,10 49.155 (6) (cm) The department shall modify child care provider reimbursement payment rates established under pars. (a) to (c) so that reimbursement payment rates are lower for providers of after-school child care.

AB40-ASA1,999 Section 999. 49.155 (6) (d) of the statutes is amended to read:

AB40-ASA1,567,16 49.155 (6) (d) The department may promulgate rules to establish a system of rates or a program of grants that the department will pay to for child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).

AB40-ASA1,1000 Section 1000. 49.155 (6) (e) 2. of the statutes is amended to read:

AB40-ASA1,567,20 49.155 (6) (e) 2. Except as provided in subd. 3., the department may not increase the maximum reimbursement payment rates for child care providers before June 30, 2013.

AB40-ASA1,1001 Section 1001. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

AB40-ASA1,567,25 49.155 (6) (e) 3. (intro.) Beginning on July 1, 2012, the The department may modify a child care provider's reimbursement payment rate under subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

AB40-ASA1,1002 Section 1002. 49.155 (6) (e) 3. a. of the statutes is amended to read:

AB40-ASA1,568,3 49.155 (6) (e) 3. a. For a child care provider who receives a 1-star rating, the department shall deny reimbursement payment.

AB40-ASA1,1003 Section 1003. 49.155 (6) (e) 3. b. of the statutes is amended to read:

AB40-ASA1,568,7 49.155 (6) (e) 3. b. For a child care provider who receives a 2-star rating, the department may reduce the maximum reimbursement payment rate by up to 5 percent.

AB40-ASA1,1004 Section 1004. 49.155 (6) (e) 3. c. of the statutes is amended to read:

AB40-ASA1,568,10 49.155 (6) (e) 3. c. For a child care provider who receives a 3-star rating, the department may pay up to the maximum reimbursement payment rate.

AB40-ASA1,1005 Section 1005. 49.155 (6) (e) 3. d. of the statutes is amended to read:

AB40-ASA1,568,14 49.155 (6) (e) 3. d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement payment rate by up to 5 percent.

AB40-ASA1,1006 Section 1006 . 49.155 (6) (e) 3. d. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,568,18 49.155 (6) (e) 3. d. For a child care provider who receives a 4-star rating, the department may increase the maximum payment rate by up to 5 10 percent.

AB40-ASA1,1007 Section 1007. 49.155 (6) (e) 3. e. of the statutes is amended to read:

AB40-ASA1,568,24 49.155 (6) (e) 3. e. For a child care provider who receives a 5-star rating, the department may increase the maximum reimbursement rate by up to 10 percent, except that beginning on January 1, 2013, the department may increase the maximum reimbursement payment rate for such a child care provider by up to 25 percent.