4. Wages and benefits earned by
former applicants for, and former participants in, Wisconsin works employment positions.
5. Appropriate implementation of Wisconsin works.
6. Customer satisfaction.
(b) The department may not base any performance bonus payments on caseload decreases, or reduced spending by the Wisconsin works agency, that are not directly attributable to placement of participants in unsubsidized employment.
(c) The department shall develop a system by which the department may track former participants and former applicants for Wisconsin works to facilitate an assessment of how successfully each Wisconsin works agency has met the performance criteria specified in par. (a).
9,1224p
Section 1224p. 49.143 (3m) of the statutes is created to read:
49.143 (3m) Statewide advisory group. The department shall establish a statewide advisory group to provide a forum for any person to raise concerns and to receive or provide information about programs and policies regarding Wisconsin works, including the Wisconsin works agency contract process. The department shall develop regional forums and special work groups to address issues of concern raised at the meetings of the statewide advisory group and shall allow any person to participate in the work groups.
9,1224r
Section 1224r. 49.145 (2) (d) of the statutes is repealed and recreated to read:
49.145 (2) (d) The individual has residence in this state.
9,1225
Section
1225. 49.145 (2) (n) 1. a. of the statutes is amended to read:
49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program begins to count counts toward the 60-month limit beginning on October 1, 1996.
9,1226v
Section 1226v. 49.145 (3) (b) 1. of the statutes is amended to read:
49.145
(3) (b) 1. All earned and unearned income of the individual, except any amount received under section
32 of the internal revenue code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section
3507 of the internal revenue code, as defined in s. 71.01 (6), and any assistance received under s. 49.148.
In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.
9,1227
Section
1227. 49.145 (3) (b) 2. of the statutes is repealed.
9,1227m
Section 1227m. 49.145 (3m) of the statutes is created to read:
49.145 (3m) Placement. (a) Within 30 days after an individual applies for a Wisconsin works employment position, the Wisconsin works agency shall place the individual in a Wisconsin works employment position if the individual meets all of the eligibility requirements under this section and if the individual is unable to find unsubsidized employment, as defined in s. 49.147 (1) (c), despite the individual's reasonable effort to search for unsubsidized employment.
(b) In the case of an individual who is incapable of performing a job search, the Wisconsin works agency shall place the individual in a Wisconsin works employment position immediately after making a determination that an individual otherwise meets the eligibility requirements under this section.
9,1228
Section
1228. 49.145 (4) of the statutes is amended to read:
49.145 (4) Review of eligibility. A Wisconsin works agency shall periodically review an individual's eligibility. The individual remains eligible under sub. (3) until the Wisconsin works group's assets exceed the asset limits for at least 2 months or until the or income of the Wisconsin works group is expected to exceed the asset or income limits limit under sub. (3) for at least 2 consecutive months.
9,1229
Section
1229. 49.147 (1m) of the statutes is created to read:
49.147 (1m) Educational needs assessment. Upon determining that the appropriate placement for an individual is in unsubsidized employment or a trial job, the Wisconsin works agency shall conduct an educational needs assessment of the individual. If the Wisconsin works agency determines that the individual needs basic education, including 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, and if the individual wishes to pursue basic education, the Wisconsin works agency shall include basic education in an employability plan developed for the individual. The Wisconsin works agency shall pay for the basic education services identified in the employability plan.
49.147 (4) Community service job. (a) Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin 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 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 agency shall reassess the individual's employability.
(am) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include 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, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
(as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin 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 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.
(at) Motivational training. A Wisconsin works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (as).
(av) Education for 18-year-old and 19-year-old students. A Wisconsin 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 under par. (as).
(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 job opportunities are available in the specified local labor market.
(c) Worker's compensation. A participant under this subsection is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
9,1233g
Section 1233g. 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 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. A 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.
9,1233m
Section 1233m. 49.147 (5m) of the statutes is created to read:
49.147
(5m) Postsecondary education. (a) To the extent permitted under
42 USC 607, and except as provided in par. (bL), a participant under sub. (4) (b) or (5) may
elect to participate in a
self-initiated technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:
1. The Wisconsin works agency, in consultation with the community steering committee established under s. 49.143 (2) (a) and the technical college district board, determines that the technical college education program is likely to lead to employment.
2. The participant maintains full-time status in the technical college education program, as determined by the technical college that the participant attends, and regularly attends all classes.
3. The participant maintains a grade point average of at least 2.0, or the equivalent as determined by the technical college.
4. The participant is employed or engages in work under a community service job or transitional placement
.
(b) No Wisconsin works agency may require a participant under this subsection to be employed or to engage in work or other activities under sub. (4) or (5) for
more than 25 hours per week in addition to participation under this subsection.
(bL) A participant may participate under this subsection for the duration of the technical college education program, except that the participant may not participate under this subsection for more than 2 years.
(c) The Wisconsin works agency shall work with the community steering committee established under s. 49.143 (2) (a) and the technical college district board to monitor the participant's progress in the technical college education program and the effectiveness of the program in leading to employment.
9,1234qc
Section 1234qc. 49.147 (6) (a) 2. of the statutes is amended to read:
49.147 (6) (a) 2. The individual needs the loan to obtain or continue employment. Fulfillment of this requirement includes a loan that is needed to repair or purchase a vehicle that is needed to obtain or continue employment.
9,1235
Section
1235. 49.1475 of the statutes is created to read:
49.1475 Follow-up services. Following any follow-up period required by the contract entered into under s. 49.143, a Wisconsin works agency may provide case management services for an individual who moves from a Wisconsin works employment position to unsubsidized employment to help the individual retain the unsubsidized employment. Case management services may include the provision of employment skills training; English as a 2nd language classes, if the Wisconsin works agency determines that the course will facilitate the individual's efforts to retain employment; 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; or other remedial education courses. The Wisconsin works agency may provide case management services regardless of the individual's income and asset levels.
49.148 (1) (b) 1. For Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4) (b), a monthly grant of $673, paid by the Wisconsin works agency or by the department under sub. (2). 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) (b) 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 may be reduced by an amount equal to the product of $5.15 and the difference between 30 and the number of hours the participant is required to work 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.
9,1236c
Section 1236c. 49.148 (1) (b) 1m. of the statutes is created to read:
49.148 (1) (b) 1m. Except as provided in subd. 1., the Wisconsin works agency shall pay a participant in a community service job the following:
a. For a participant placed in a community service job for not more than 10 hours per week, one-third of the amount specified in subd. 1m. d.
b. For a participant placed in a community service job for more than 10 hours but not more than 15 hours per week, one-half of the amount specified under subd. 1m. d.
c. For a participant placed in a community service job for more than 15 hours but not more than 20 hours per week, two-thirds of the amount specified under subd. 1m. d.
d. For a participant placed in a community service job for more than 20 hours per week, $673.
9,1237b
Section 1237b. 49.148 (1) (b) 2. of the statutes is repealed.
9,1237f
Section 1237f. 49.148 (1) (b) 3. of the statutes is created to read:
49.148 (1) (b) 3. For a participant in a community service job who participates in
self-initiated technical college education under s. 49.147 (5m), a monthly grant of $673, 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 $5.15. 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.
9,1237h
Section 1237h. 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
self-initiated technical college education under s. 49.147 (5m), a grant of $628, paid monthly by the Wisconsin works agency or by the department under sub. (2). 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., 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.
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 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). A Wisconsin 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) 2. or (c) 4. 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.
49.148 (1m) (b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) 2. or (c) 4. 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 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.
9,1237t
Section 1237t. 49.148 (2m) of the statutes is created to read:
49.148 (2m) Pay period. (a) Except as provided in par. (b), benefits under this section shall be paid on the first day of each month. A payment made under this paragraph shall be for any participation from the 26th day of the month immediately preceding the month that immediately precedes the month in which the payment is made through the 25th day of the month that immediately precedes the month in which the payment is made.
(b) The Wisconsin works agency shall make the first grant payment under this section 14 days after the participant begins participating under s. 49.147 (4). Payments made under this paragraph shall include payment for all participation through the date of the payment.
9,1241
Section
1241. 49.155 (1) (aL) of the statutes is created to read:
49.155 (1) (aL) "Disabled" means physically or mentally incapable of caring for oneself.
9,1244
Section
1244. 49.155 (1g) (intro.) of the statutes is amended to read:
49.155
(1g) Distribution of funds. (intro.) Subject to sub. (1j)
and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under
42 USC 9858, do all of the following:
9,1245d
Section 1245d. 49.155 (1g) (b) of the statutes is amended to read:
49.155 (1g) (b) From the appropriation under s. 20.445 (3) (mc), distribute $4,315,000 $8,012,500 in fiscal year 1997-98 1999-2000 and $4,315,000 $7,412,500 in fiscal year 1998-99 2000-01 for the purposes of providing technical assistance for child care providers and of 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, and 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), and for a system of rates or a program of grants, as provided under sub. (1d), to reimburse child care providers that meet those quality of care standards and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve the quality of child day care services in this state.
9,1246
Section
1246. 49.155 (1g) (c) of the statutes is amended to read:
49.155 (1g) (c) From the appropriation under s. 20.445 (3) (mc), transfer $1,687,400
$3,596,900 in fiscal year 1997-98 1999-2000 and $1,687,400 $3,745,200 in fiscal year 1998-99 2000-01 to the appropriation under s. 20.435 (6) (3) (kx), and transfer $20,700 in fiscal year 1999-2000 and $27,700 in fiscal year 2000-01 to the appropriation under s. 20.435 (8) (kx), for the purpose of day care center licensing under s. 48.65.
9,1247
Section
1247. 49.155 (1g) (d) of the statutes is created to read:
49.155 (1g) (d) From the appropriation under s. 20.445 (3) (mc), transfer $182,200 in each fiscal year to the appropriation under s. 20.435 (3) (kx) for the administration of day care programs for foster parents in a county having a population of 500,000 or more.
9,1248
Section
1248. 49.155 (1m) (intro.) of the statutes is amended to read:
49.155 (1m) Eligibility. (intro.) A Wisconsin works agency shall determine eligibility for a child care subsidy under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:
9,1249
Section
1249. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
49.155 (1m) (a) (intro.) The individual is a parent of a child who is under the age of 13, or, if the child is disabled, is under the age of 19; or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who is under the age of 13, or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following:
49.155 (1m) (a) 3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (b) 1. a. (am) or (5) (bm).
9,1250b
Section 1250b. 49.155 (1m) (a) 4. (intro.) of the statutes is renumbered 49.155 (1m) (a) 4. and amended to read:
49.155 (1m) (a) 4. Participate in other employment skills training If the Wisconsin works agency determines that basic education would facilitate the individual's efforts to
obtain or maintain employment, participate in basic education, including an English as a 2nd language course, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain employment; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; a course of study at a technical college, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain or maintain employment; or participation in educational courses that provide an employment skill, as determined by the department. An individual may receive aid under this subdivision for up to two 2 years.
An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:
9,1251b
Section 1251b. 49.155 (1m) (a) 4. a. of the statutes is repealed.
9,1251c
Section 1251c. 49.155 (1m) (a) 4. b. of the statutes is repealed.
9,1252
Section
1252. 49.155 (1m) (a) 5. of the statutes is created to read:
49.155 (1m) (a) 5. Participate in a course of study at a technical college, or participate in educational courses that provide an employment skill, as determined by the department, if the Wisconsin works agency determines that the course or courses would facilitate the individual's efforts to
obtain or maintain employment. An individual may receive aid under this subdivision for up to 2 years.
9,1253
Section
1253. 49.155 (1m) (b) 3. of the statutes is repealed.
9,1254
Section
1254. 49.155 (1m) (c) 1. of the statutes is renumbered 49.155 (1m) (c) 1. (intro.) and amended to read:
49.155 (1m) (c) 1. (intro.) The gross income of the individual's family is at or below 165% 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to and 3., except that, in calculating farm and self-employment income, the Wisconsin works agency shall include the sum of the following:
