AB591-ASA2,45,2423
4. Create, and encourage others to create, on-the-job training sites for persons
24who are eligible for trial jobs or community service jobs.
AB591-ASA2,46,2
15. Foster and guide the entrepreneurial efforts of participants who are eligible
2for trial jobs or community service jobs.
AB591-ASA2,46,63
6. Provide mentors, both from its membership and from recruitment of
4members of the community, to provide job-related guidance, including assistance in
5resolving job-related issues and the provision of job leads or references, to persons
6who are eligible for trial jobs or community service jobs.
AB591-ASA2,46,87
7. Coordinate with the governor's council on workforce excellence under s.
8106.115 to ensure compatibility of purpose and no duplication of effort.
AB591-ASA2,46,119
8. Work with participants, employers, child care providers and the community
10to identify child care needs, improve access to child care and expand availability of
11child care.
AB591-ASA2,46,1712
(b) Establish a children's services network. The children's services network
13shall provide information about community resources available to the dependent
14children in a Wisconsin works group, including charitable food and clothing centers;
15subsidized and low-income housing; transportation subsidies; the state
16supplemental food program for women, infants and children under s. 253.06; and
17child care programs.
AB591-ASA2,46,2318
(c) Employ at least one financial and employment planner. The financial and
19employment planner shall work with a participant to facilitate the participant's
20achievement of the maximum degree of self-sufficiency. The department shall
21ensure that a financial and employment planner employed by a Wisconsin works
22agency meets certification and training requirements established by the department
23by rule and that appropriate training is provided by a Wisconsin works agency.
AB591-ASA2,47,3
1(cg) Employ staff, if necessary, to meet the needs of participants who are
2refugees and who have cultural or linguistic barriers to participation in Wisconsin
3works.
AB591-ASA2,47,84
(cm) If a significant proportion of the population served by the Wisconsin works
5agency is comprised of a refugee group, employ staff that is proficient in the language
6of the refugee group to aid the financial and employment planner in locating
7appropriate employment opportunities that do not require English proficiency for
8participants who are members of that refugee group.
AB591-ASA2,47,149
(d) If the Wisconsin works agency is not a county department under s. 46.215,
1046.22 or 46.23 or tribal governing body, cooperate with the county department or
11tribal governing body to ensure that services delivered under Wisconsin works, the
12food stamp program and medical assistance are coordinated with the county or tribal
13governing body in a manner that most effectively serves the recipients of those
14services.
AB591-ASA2,47,1915(e) Certify eligibility for and issue food coupons in conformity with
7 USC 2011 16to
2029. If the Wisconsin works agency is not a county department under s. 46.215,
1746.22 or 46.23 or tribal governing body, the agency shall certify eligibility for and
18issue food coupons only if the county department or tribal governing body has elected
19not to certify eligibility for and issue food coupons.
AB591-ASA2,47,2220
(em) Determine eligibility for child care assistance under s. 49.155 and refer
21eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care
22services.
AB591-ASA2,47,2423
(f) Perform any other tasks specified by the department in the contract that the
24department determines are necessary for the administration of Wisconsin works.
AB591-ASA2,48,4
1(3) Performance standards. The department shall establish performance
2standards for the administration of Wisconsin works. If a Wisconsin works agency
3does not meet the standards established under this subsection, the department may
4withhold any or all payment from the Wisconsin works agency.
AB591-ASA2,48,6
5(4) Audits. The department may require a Wisconsin works agency to submit
6to an independent annual audit paid for by the Wisconsin works agency.
AB591-ASA2,48,13
7(5) Requests for information. (a) In accordance with rules promulgated by
8the department, a Wisconsin works agency may request from any person any
9information that it determines appropriate and necessary for the administration of
10Wisconsin works. Any person in this state shall provide this information within 7
11days after receiving a request under this paragraph. The Wisconsin works agency
12may disclose information obtained under this paragraph only in the administration
13of Wisconsin works.
AB591-ASA2,48,1814
(b) The department may request from any Wisconsin works agency any
15information that the department determines appropriate and necessary for the
16overall administration of Wisconsin works. A Wisconsin works agency shall provide
17the department with the requested information in the manner prescribed by the
18department by rule.
AB591-ASA2,48,2119
(c) The department may inspect at any time any Wisconsin works agency's
20records as the department determines is appropriate and necessary for the overall
21administration of Wisconsin works.
AB591-ASA2,49,2
22(6) Geographical areas. The department shall determine the geographical
23area for which a Wisconsin works agency will administer Wisconsin works. Except
24on tax-free lands and in counties with a population of 500,000 or more, no
25geographical area may be smaller than one county. A geographical area may include
1more than one county. The department need not establish the geographical areas by
2rule.
AB591-ASA2,49,10
449.145 Wisconsin works; eligibility for employment positions. (1) 5General eligibility. In order to be eligible for Wisconsin works employment
6positions and job access loans for any month, an individual shall meet the eligibility
7requirements under subs. (2) and (3). The department may promulgate rules
8establishing additional eligibility criteria and specifying how eligibility criteria are
9to be administered. The department may promulgate rules establishing payment
10and reporting periods as needed to administer this subsection.
AB591-ASA2,49,13
11(2) Nonfinancial eligibility requirements. An individual is eligible for a
12Wisconsin works employment position and a job access loan in a month only if all of
13the following nonfinancial eligibility requirements are met:
AB591-ASA2,49,1414
(a) The individual is a custodial parent.
AB591-ASA2,49,1515
(b) The individual has attained the age of 18.
AB591-ASA2,49,1716
(c) The individual is a U.S. citizen or a qualifying alien, as defined by the
17department by rule.
AB591-ASA2,49,2018
(d) The individual has resided in this state for at least 60 consecutive days prior
19to applying under s. 49.141 (3) and, unless the person is a migrant worker, has
20demonstrated an intent to continue to reside in this state.
AB591-ASA2,50,221
(f) The individual fully cooperates in efforts directed at establishing the
22paternity of the dependent child and obtaining support payments or any other
23payments or property to which that individual and the dependent child may have
24rights. Such cooperation shall be in accordance with federal law and regulations and
1rules promulgated by the department applicable to paternity establishment and
2collection of support payments.
AB591-ASA2,50,63
(g) The individual furnishes the Wisconsin works agency with any relevant
4information that the Wisconsin works agency determines is necessary, consistent
5with rules promulgated by the department, within 7 working days after receiving a
6request for the information from the Wisconsin works agency.
AB591-ASA2,50,107
(h) The individual has made a good faith effort, as determined by the Wisconsin
8works agency on a case-by-case basis, to obtain employment and has not refused any
9bona fide offer of employment within the 180 days immediately preceding
10application.
AB591-ASA2,50,1411
(hm) If the individual has applied for Wisconsin works within the 180 days
12immediately preceding the current application, the individual has cooperated with
13the efforts of a Wisconsin works agency to assist the individual in obtaining
14employment.
AB591-ASA2,50,1615(i) The individual is not receiving supplemental security income under
42 USC
161381 to
1383c or state supplemental payments under s. 49.77.
AB591-ASA2,50,1717
(j) On the last day of the month, the individual is not participating in a strike.
AB591-ASA2,50,1918
(k) The individual applies for or provides a social security account number as
19required by the department.
AB591-ASA2,50,2120
(L) The individual satisfies other eligibility criteria established by the
21department.
AB591-ASA2,50,2322
(m) The individual reports any change in circumstances that may affect his or
23her eligibility to the Wisconsin works agency within 10 days after the change.
AB591-ASA2,51,824
(n) Beginning on the date on which the individual has attained the age of 18,
25the total number of months in which the individual has actively participated in the
1job opportunities and basic skills program under s. 49.193 or has participated in a
2Wisconsin works employment position or both does not exceed 60 months. The
3months need not be consecutive. Participation in the job opportunities and basic
4skills program under s. 49.193 counts toward the 60-month limit beginning on the
5effective date of this paragraph .... [revisor inserts date]. A Wisconsin works agency
6may waive the requirements under this paragraph if the Wisconsin works agency
7determines, in accordance with rules promulgated by the department, that unusual
8circumstances exist that warrant an extension of the participation period.
AB591-ASA2,51,119
(q) No other individual in the Wisconsin works group is a participant in a
10Wisconsin works employment position. This paragraph does not apply to an
11individual applying for a job access loan.
AB591-ASA2,51,14
12(3) Financial eligibility requirements. An individual is eligible for a
13Wisconsin works employment position and a job access loan only if all of the following
14financial eligibility requirements are met:
AB591-ASA2,51,1915
(a)
Resource limitations. The individual is a member of a Wisconsin works
16group whose assets do not exceed $2,500 in combined equity value. In determining
17the combined equity value of assets, the Wisconsin works agency shall exclude the
18equity value of vehicles up to a total equity value of $10,000, and one home that
19serves as the homestead for the Wisconsin works group.
AB591-ASA2,51,2320
(b)
Income limitations. The individual is a member of a Wisconsin works group
21whose gross income is at or below 115% of the poverty line. In calculating gross
22income under this paragraph, the Wisconsin works agency shall include all of the
23following:
AB591-ASA2,52,324
1. All earned and unearned income of the individual, except any amount
25received under section
32 of the internal revenue code, as defined in s. 71.01 (6), any
1amount received under s. 71.07 (9e), any payment made by an employer under
2section
3507 of the internal revenue code, as defined in s. 71.01 (6), and any
3assistance received under s. 49.148.
AB591-ASA2,52,54
2. Child support payments received on behalf of a child who is a member of the
5Wisconsin works group.
AB591-ASA2,52,76
3. The income of a nonmarital coparent or of the individual's spouse, if the
7spouse resides in the same home as the dependent child.
AB591-ASA2,52,12
8(4) Review of eligibility. A Wisconsin works agency shall periodically review
9an individual's eligibility. The individual remains eligible under sub. (3) until the
10Wisconsin works group's assets exceed the asset limits for at least 2 months or until
11the income of the Wisconsin works group is expected to exceed the income limits for
12at least 2 consecutive months.
AB591-ASA2,52,18
1449.146 Employer criteria. The department shall establish by rule criteria
15that an employer providing a Wisconsin works employment position
must meet in
16order to employ a participant under s. 49.147 (3) to (5). An employer that does not
17meet the criteria established under this section is ineligible to receive any subsidy
18for any position provided to a participant.
AB591-ASA2,52,23
2049.147 Wisconsin works; work programs and job access loans. (1)
21General provisions. (a)
Definition. In this section, "unsubsidized employment"
22means employment for which the Wisconsin works agency provides no wage subsidy
23to the employer including self-employment and entrepreneurial activities.
AB591-ASA2,53,224
(b)
Required hours. The Wisconsin works agency shall determine the
25maximum number of hours a participant may be required to work in a community
1service job or transitional placement in accordance with criteria established by the
2department by rule, not to exceed 40 hours per week.
AB591-ASA2,53,10
3(2) Unsubsidized employment. (a)
Job search, orientation and training
4activities. 1. An individual who applies for a Wisconsin works employment position
5may be required by the Wisconsin works agency to search for unsubsidized
6employment during the period that his or her application is being processed as a
7condition of eligibility. A participant in a Wisconsin works employment position shall
8search for unsubsidized employment throughout his or her participation. The
9department shall define by rule satisfactory search efforts for unsubsidized
10employment.
AB591-ASA2,53,1611
2. A Wisconsin works agency may require an applicant for a Wisconsin works
12employment position to participate in job orientation during the period that his or
13her application is being processed as a condition of eligibility. A Wisconsin works
14agency may require a participant in a Wisconsin works employment position to
15engage in training activities in accordance with rules promulgated by the
16department as part of the participant's participation requirements.
AB591-ASA2,53,2017
(b)
Job search assistance. A Wisconsin works agency shall assist a participant
18in his or her search for unsubsidized employment. In determining an appropriate
19placement for a participant, a Wisconsin works agency shall give priority to
20placement in unsubsidized employment over placements under subs. (3) to (5).
AB591-ASA2,54,14
21(3) Trial jobs. (a)
Administration. A Wisconsin works agency shall administer
22a trial job program as part of its administration of the Wisconsin works program to
23improve the employability of individuals who are not otherwise able to obtain
24unsubsidized employment, as determined by the Wisconsin works agency, by
25providing work experience and training to assist them to move promptly into
1unsubsidized employment. In determining an appropriate placement for a
2participant, a Wisconsin works agency shall give priority to placement under this
3subsection over placements under subs. (4) and (5). The Wisconsin works agency
4shall pay a wage subsidy to an employer that employs a participant under this
5subsection and agrees to make a good faith effort to retain the participant as a
6permanent unsubsidized employe after the wage subsidy is terminated. The
7department shall promulgate rules establishing standards which must be met in
8order for an employer to demonstrate a good faith effort to retain the participant as
9a permanent employe. The wage subsidy may not exceed $300 per month for
10full-time employment of a participant. For less than full-time employment of a
11participant during a month, the wage subsidy may not exceed a dollar amount
12determined by multiplying $300 by a fraction, the numerator of which is the number
13of hours worked by the participant in the month and the denominator of which is the
14number of hours which would be required for full-time employment in that month.
AB591-ASA2,54,1715
(am)
Education or training activities. A trial job includes education and
16training activities, as prescribed by the employer as an integral part of work
17performed in the trial job employment.
AB591-ASA2,54,1918
(b)
Worker's compensation. The employer shall provide the participant with
19worker's compensation coverage.
AB591-ASA2,55,520
(c)
Time-limited participation. A participant under this subsection may
21participate in a trial job for a maximum of 3 months, with an opportunity for a
223-month extension under circumstances determined by the Wisconsin works agency.
23A participant may participate in more than one trial job, but may not exceed a total
24of 24 months of participation under this subsection. The months need not be
25consecutive. The department or, with the approval of the department, the Wisconsin
1works agency may grant an extension of the 24-month limit on a case-by-case basis
2if the participant has made all appropriate efforts to find unsubsidized employment
3and has been unable to find unsubsidized employment because local labor market
4conditions preclude a reasonable job opportunity for that participant, as determined
5by a Wisconsin works agency and approved by the department.
AB591-ASA2,55,19
6(4) Community service job. (a)
Administration. A Wisconsin works agency
7shall administer a community service job program as part of its administration of
8Wisconsin works to improve the employability of individuals who are not otherwise
9able to obtain employment, as determined by the Wisconsin works agency, by
10providing work experience and training to assist them to move promptly into
11unsubsidized public or private employment or a trial job. In determining an
12appropriate placement for a participant, a Wisconsin works agency shall give
13placement under this subsection priority over placements under sub. (5).
14Community service jobs shall be limited to projects that the department determines
15would serve a useful public purpose or projects the cost of which is partially or wholly
16offset by revenue generated from such projects. After each 6 months of an
17individual's participation under this subsection and at the conclusion of each
18assignment under this subsection, a Wisconsin works agency shall reassess the
19individual's employability.
AB591-ASA2,55,2320
(am)
Education or training activities. A community service job includes
21education and training activities, if the education or training is related to the
22community service job placement and if the education or training is expected to
23result in unsubsidized employment.
AB591-ASA2,56,1224
(b)
Time-limited participation. An individual may participate in a community
25service job for a maximum of 6 months, with an opportunity for a 3-month extension
1under circumstances approved by the department. An individual may participate
2in more than one community service job, but may not exceed a total of 24 months of
3participation under this subsection. The months need not be consecutive. The
4department or, with the approval of the department, the Wisconsin works agency
5may grant an extension to the 24-month limit on a case-by-case basis if the
6Wisconsin works agency determines that the individual has made all appropriate
7efforts to find unsubsidized employment and has been unable to find unsubsidized
8employment because local labor market conditions preclude a reasonable
9employment opportunity in unsubsidized employment for that participant, as
10determined by a Wisconsin works agency and approved by the department, and if the
11Wisconsin works agency determines, and the department agrees, that no trial job
12opportunities are available in the specified local labor market.
AB591-ASA2,56,1613
(c)
Worker's compensation. A participant under this subsection is an employe
14of the Wisconsin works agency for purposes of worker's compensation coverage,
15except to the extent that the person for whom the participant is performing work
16agrees to provide worker's compensation coverage.
AB591-ASA2,56,20
17(5) Transitional placement. (a)
Additional eligibility criteria. An individual
18is eligible to participate in a transitional placement under this subsection if, in
19addition to meeting the eligibility requirements under s. 49.145, any of the following
20conditions is met with respect to the individual:
AB591-ASA2,56,2421
1. The Wisconsin works agency determines, on the basis of an independent
22assessment by the division of vocational rehabilitation or similar agency or business,
23that the individual has been incapacitated, or will be incapacitated, for a period of
24at least 60 days.
AB591-ASA2,57,3
12. The Wisconsin works agency determines that the individual is needed in the
2home because of the illness or incapacity of another member of the Wisconsin works
3group.
AB591-ASA2,57,54
3. The Wisconsin works agency determines that the individual is incapable of
5performing a trial job or community service job.
AB591-ASA2,57,106
(b)
Administration. 1. The Wisconsin works agency shall assign a participant
7under this subsection to work activities such as a community rehabilitation program,
8as defined by the department, a job similar to a community service job or a volunteer
9activity. A Wisconsin works agency may require a participant under this subsection
10to participate in any of the following:
AB591-ASA2,57,1211
a. An alcohol and other drug abuse evaluation, assessment and treatment
12program.
AB591-ASA2,57,1313
c. Mental health activities, as defined by the department by rule.
AB591-ASA2,57,1414
d. Counseling or physical rehabilitation activities.
AB591-ASA2,57,1615
e. Other activities that the Wisconsin works agency determines are consistent
16with the capabilities of the individual.
AB591-ASA2,57,2017
2. An individual may participate in a transitional placement for a maximum
18of 24 months. The months need not be consecutive. This period may be extended on
19a case-by-case basis by the department or by the Wisconsin works agency with the
20approval of the department.
AB591-ASA2,57,2321
(bm)
Education or training activities. Work activities under a transitional
22placement include education or training activities assigned by the Wisconsin works
23agency as part of a self-sufficiency plan.
AB591-ASA2,58,224
(c)
Worker's compensation. A participant under this subsection is an employe
25of the Wisconsin works agency for purposes of worker's compensation coverage,
1except to the extent that the person for whom the participant is performing work
2agrees to provide worker's compensation coverage.
AB591-ASA2,58,5
3(6) Job access loan. (a)
Additional eligibility criteria. An individual is eligible
4to receive a job access loan if, in addition to meeting the eligibility requirements
5under s. 49.145, all of the following conditions are met with respect to the individual:
AB591-ASA2,58,86
1. The individual needs the loan to address an immediate and discrete financial
7crisis. The crisis may not be the result of the individual's failure to accept a bona fide
8offer of employment or the individual's termination of a job without good cause.
AB591-ASA2,58,99
2. The individual needs the loan to obtain or continue employment.
AB591-ASA2,58,1110
3. The individual is not in default with respect to the repayment of any previous
11job access loan or repayment of any grant or wage overpayments under this section.
AB591-ASA2,58,1212
4. The individual is not a migrant worker.
AB591-ASA2,58,1413
(b)
Terms. The department shall promulgate rules establishing the terms of
14any job access loan, including all of the following:
AB591-ASA2,58,1515
1. The maximum and minimum loan amounts in any 12-month period.
AB591-ASA2,58,1616
2. The method of loan disbursement.
AB591-ASA2,58,1717
3. The terms and conditions of repayment.
AB591-ASA2,58,2118
(c)
Distribution and administration. From the appropriation under s. 20.445
19(3) (dz), the department shall distribute funds for job access loans to a Wisconsin
20works agency, which shall administer the loans in accordance with rules
21promulgated by the department.
AB591-ASA2,58,2422
(d)
Minor custodial parents. An individual who would be eligible for a job access
23loan under par. (a), except that the individual has not attained the age of 18, is
24eligible under this paragraph if the individual meets the following requirements:
AB591-ASA2,59,2
11. The individual is in an out-of-home placement or independent living
2arrangement supervised by an adult, as defined by the department.
AB591-ASA2,59,53
2. The individual has graduated from high school or has met the standards
4established by the secretary of education for the granting of a declaration of
5equivalency of high school graduation under s. 115.29 (4).
AB591-ASA2,59,76
3. The individual will be 18 years old within 2 months after applying for the
7job access loan.
AB591-ASA2,59,11
949.148 Wisconsin works; benefits for participants in employment
10positions. (1) Benefit levels. A participant in a Wisconsin works employment
11position shall receive the following benefits:
AB591-ASA2,59,1712
(a)
Trial jobs. For a participant in a trial job, the amount established in the
13contract between the Wisconsin works agency and the trial job employer, but not less
14than minimum wage for every hour actually worked in the trial job, not to exceed 40
15hours per week paid by the employer. Hours spent participating in education and
16training activities under s. 49.147 (3) (am) shall be included in determining the
17number of hours actually worked.