AB40: Bill Text

AB40,548,20 4. Be unemployed for at least 4 weeks.

AB40,548,21 5. Be ineligible to receive unemployment insurance benefits.

AB40,548,22 6. Not be participating in a Wisconsin Works employment position.

AB40,549,2 (b) For purposes of par. (a) 3., the household income of an individual transitioning from foster care to independent living shall be based on the individual's own income over a period determined by the department and shall not include the household income of the individual's foster parents.

AB40,549,4 (c) The department may establish additional eligibility criteria consistent with its mission and the funding available.

AB40,549,6 (3) Program description. (a) The program under this section shall include all of the following features and requirements:

AB40,549,8 1. An individual may participate in the program for a maximum of 1,040 hours actually worked.

AB40,549,12 2. The department shall determine and specify in a contract whether a contractor under sub. (4) or an employer is the individual's employer of record. The employer of record shall pay the individual for hours actually worked at not less than the federal or state minimum wage that applies to the individual.

AB40,549,16 3. The department may reimburse an employer, or a contractor under sub. (4), that employs an individual participating in the program for a minimum of 20 hours per week at a location in this state for any of the following costs that are attributable to the employment of the individual under the program:

AB40,549,19 a. A wage subsidy equal to the amount of wages that the employer or contractor pays to the individual for hours actually worked, not to exceed 40 hours per week at the federal or state minimum wage that applies to the individual.

AB40,549,20 b. Federal social security and Medicare taxes.

AB40,549,21 c. State and federal unemployment contributions or taxes, if any.

AB40,549,22 d. Worker's compensation insurance premiums, if any.

AB40,550,2 4. An employer, or, subject to the approval of the department, a contractor under sub. (4), that employs an individual participating in the program may pay the individual an amount that exceeds any wage subsidy paid to the employer or contractor by the department under subd. 3. a.

AB40,550,4 5. The employment of an individual under this section may not do any of the following:

AB40,550,7 a. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under this section.

AB40,550,9 b. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.

AB40,550,11 c. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.

AB40,550,13 (b) The department may set priorities for the program consistent with its mission and available funding.

AB40,550,19 (4) Contract for administration. The department may contract with any person to administer the program under this section, including a Wisconsin Works agency; county department under s. 46.215, 46.22, or 46.23; local workforce development board established under 29 USC 2832; or community action agency under s. 49.265. The department, or the agency or agencies with which the department contracts under this subsection, shall do all of the following:

AB40,550,20 (a) Determine the eligibility of applicants for the program.

AB40,550,23 (b) Provide, or identify employers to provide, jobs for individuals transitioning to unsubsidized employment from unemployment, underemployment, limited work history, foster care, or other circumstances identified by the department.

AB40,550,24 (c) Conduct job orientation activities.

AB40,551,2 (d) Provide employment services, as specified by the department, for program participants.

AB40,551,4 (e) Maintain and update participant demographic, eligibility, and employment records in the manner required by the department.

AB40,551,8 (5) Recovery of overpayments. (a) The department may recover from any individual participating, or who has participated, in the program under this section any overpayment resulting from a misrepresentation by the individual as to any criterion for eligibility under sub. (2) (a).

AB40,551,11 (b) The department shall recover from a contractor under sub. (4) any overpayment resulting from the failure of the contractor to comply with the terms of the contract or to meet performance standards established by the department.

AB40,551,14 (6) Rules not required. Notwithstanding s. 227.10 (1), the department need not promulgate regulations, standards, or policies related to implementing or administering the program under this section as rules under ch. 227.

AB40,1023 Section 1023. 49.165 (1) (d) (intro.) of the statutes is amended to read:

AB40,551,18 49.165 (1) (d) (intro.) "Organization" means a nonprofit corporation, or a public agency or a federally recognized American Indian tribe or band that provides or proposes to provide any of the following domestic abuse services:

AB40,1024 Section 1024. 49.173 of the statutes is repealed.

AB40,1025 Section 1025. 49.175 (1) (a) of the statutes is amended to read:

AB40,551,23 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $74,650,100 $72,131,500 in fiscal year 2011-12 2013-14 and $72,131,500 $64,294,000 in fiscal year 2012-13 2014-15.

AB40,1026 Section 1026. 49.175 (1) (b) of the statutes is amended to read:

AB40,552,5 49.175 (1) (b) Wisconsin Works administration agency contracts; job access loans. For administration of Wisconsin Works performed under contracts with Wisconsin Works agencies under s. 49.143, $10,107,200 and for job access loans under s. 49.147 (6), $57,586,500 in fiscal year 2011-12 2013-14 and $10,107,200 $58,336,500 in fiscal year 2012-13 2014-15.

AB40,1027 Section 1027. 49.175 (1) (f) of the statutes is repealed.

AB40,1028 Section 1028. 49.175 (1) (g) of the statutes is amended to read:

AB40,552,11 49.175 (1) (g) State administration of public assistance programs and overpayment collections. For state administration of public assistance programs and the collection of public assistance overpayments, $12,918,900 $12,775,600 in fiscal year 2013-14 and $12,891,200 in each fiscal year 2014-15.

AB40,1029 Section 1029. 49.175 (1) (i) of the statutes is amended to read:

AB40,552,16 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $6,200,000 in fiscal year 2011-12 and $6,000,000 $7,500,000 in each fiscal year 2012-13.

AB40,1030 Section 1030. 49.175 (1) (k) of the statutes is created to read:

AB40,552,20 49.175 (1) (k) Transform Milwaukee Jobs program. For contract costs under the Transform Milwaukee Jobs program under s. 49.163, $3,750,000 in fiscal year 2013-14 and $5,000,000 in fiscal year 2014-15.

AB40,1031 Section 1031. 49.175 (1) (L) of the statutes is repealed.

AB40,1032 Section 1032. 49.175 (1) (p) of the statutes is amended to read:

AB40,552,25 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $301,631,000 $272,976,700 in fiscal year 2011-12 2013-14 and $298,523,500 $273,156,500 in fiscal year 2012-13 2014-15.

AB40,1033 Section 1033. 49.175 (1) (q) of the statutes is amended to read:

AB40,553,6 49.175 (1) (q) Child care state administration and child care licensing activities. For state administration of child care programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $19,702,100 $30,240,600 in fiscal year 2011-12 2013-14 and $19,783,800 $32,305,700 in fiscal year 2012-13 2014-15.

AB40,1034 Section 1034. 49.175 (1) (qm) of the statutes is amended to read:

AB40,553,10 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g), $13,486,700 in fiscal year 2011-12 and $13,169,400 $13,095,800 in each fiscal year 2012-13.

AB40,1035 Section 1035. 49.175 (1) (r) of the statutes is amended to read:

AB40,553,15 49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $31,232,200 $33,688,000 in each fiscal year.

AB40,1036 Section 1036. 49.175 (1) (s) of the statutes is amended to read:

AB40,553,24 49.175 (1) (s) Kinship care, and long-term kinship care, and foster care assistance. For kinship care and long-term kinship care payments under s. 48.57 (3m) (am) and (3n) (am), for assessments to determine eligibility for those payments, and for agreements under s. 48.57 (3t) with the governing bodies of Indian tribes for the administration of the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p) and for foster care for relatives under s. 48.62, $21,375,800 within the boundaries of the reservations of those tribes, $20,582,700 in each fiscal year.

AB40,1037 Section 1037. 49.175 (1) (t) of the statutes is amended to read:

AB40,554,5 49.175 (1) (t) Safety and out-of-home placement services. For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department or a county determines may remain at home if appropriate services are provided, and for ongoing services provided in those counties to families with children placed in out-of-home care, $6,350,300 $7,711,100 in each fiscal year.

AB40,1038 Section 1038. 49.175 (1) (v) of the statutes is repealed.

AB40,1039 Section 1039. 49.175 (1) (z) of the statutes is amended to read:

AB40,554,16 49.175 (1) (z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $350,000 focusing on study habits, intensive tutoring in math and English, and exposure to career options and role models, $1,500,000 in each fiscal year. Grants provided under this paragraph may not be used by the grant recipient to replace funding for programs that are being funded, when the grant proceeds are received, with moneys other than those from the appropriations specified in sub. (1) (intro.).

AB40,1040 Section 1040. 49.175 (1) (zh) of the statutes is amended to read:

AB40,554,21 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $43,664,200 $70,664,200 in each fiscal year.

AB40,1041 Section 1041. 49.26 (1) (g) (intro.) of the statutes is amended to read:

AB40,555,2 49.26 (1) (g) (intro.) An individual who is a dependent child in a Wisconsin 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:

AB40,1042 Section 1042. 49.26 (1) (h) 1s. b. of the statutes is amended to read:

AB40,555,7 49.26 (1) (h) 1s. b. An individual who is a dependent child in a Wisconsin 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.

AB40,1043 Section 1043. 49.36 (2) of the statutes is amended to read:

AB40,555,17 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. 20.437 (2) (dz) and (k).

AB40,1044 Section 1044. 49.45 (4m) (a) 3. of the statutes is renumbered 49.45 (4m) (a) 3. (intro.) and amended to read:

AB40,555,21 49.45 (4m) (a) 3. (intro.) "Financial institution" has the meaning given in 12 USC 3401 (1). means any of the following:

AB40,1045 Section 1045. 49.45 (4m) (a) 3. a. to f. of the statutes are created to read:

AB40,555,23 49.45 (4m) (a) 3. a. A depository institution, as defined in 12 USC 1813 (c).

AB40,555,25 b. An institution-affiliated party, as defined in 12 USC 1813 (u), of a depository institution under subd. 3. a.

AB40,556,2 c. A federal credit union, as defined in 12 USC 1752, or state credit union, as defined in 12 USC 1752.

AB40,556,4 d. An institution-affiliated party, as defined in 12 USC 1786 (r), of a credit union under subd. 3. c.

AB40,556,6 e. A benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in this state.

AB40,556,7 f. A broker-dealer, as defined in s. 551.102 (4).

AB40,1046 Section 1046 . 49.45 (23) (a) of the statutes is amended to read:

AB40,556,18 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage for basic primary and preventive care to adults who are under the age of 65, who have family incomes not to exceed 200 100 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq. If the department creates a policy under sub. (2m) (c) 10., this paragraph does not apply to the extent that it conflicts with the policy.

AB40,1047 Section 1047. 49.45 (23) (a) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40,557,3 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage for basic primary and preventive care to adults who are under the age of 65, who have family incomes not to exceed 100 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

AB40,1048 Section 1048 . 49.45 (23) (b) of the statutes is amended to read:

AB40,557,13 49.45 (23) (b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Unless otherwise provided by the department by a policy created under sub. (2m) (c), cost sharing may include an annual enrollment fee, which may not exceed $75 per year. Notwithstanding s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on January 1, 2009, or on the effective date of the waiver, whichever is later.

AB40,1049 Section 1049. 49.45 (23) (b) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40,557,23 49.45 (23) (b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Cost sharing may include an annual enrollment fee, which may not exceed $75 per year. Notwithstanding s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on the effective date of the waiver.

AB40,1050 Section 1050. 49.45 (23) (c) of the statutes is created to read:

AB40,558,8 49.45 (23) (c) In addition to cost-sharing requirements established under par. (b), a childless adult who is eligible to receive benefits under this section; who is not disabled, pregnant, or American Indian, as Indian is defined in 42 CFR part 447, subpart A; and whose family income exceeds 133 percent of the poverty line shall pay a premium for coverage under the program under this subsection in an amount determined by the department that is based on a formula in which costs decrease for those with lower family incomes and that is no less than 3 percent of family income but no greater than 9.5 percent of family income.

AB40,1051 Section 1051. 49.45 (23) (d) of the statutes is created to read:

AB40,558,13 49.45 (23) (d) In determining income for purposes of eligibility under this subsection, the department shall apply s. 49.471 (7) (d) to the individual to the extent the federal department of health and human services approves, if approval is required.

AB40,1052 Section 1052. 49.45 (23) (e) of the statutes is created to read: