Amendment ASA3-AB591

AB591-ASA3,54,18 49.141 Wisconsin works; general provisions. (1) Definitions. As used in ss. 49.141 to 49.161:

AB591-ASA3,54,20 (a) "Community service job" means a work component of Wisconsin works administered under s. 49.147 (4).

AB591-ASA3,54,24 (b) "Custodial parent" means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).

AB591-ASA3,55,4 (c) "Dependent child" means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.

AB591-ASA3,55,7 (d) "Financial and employment planner" means a caseworker employed by a Wisconsin works agency who provides financial or employment counseling services to a participant.

AB591-ASA3,55,8 (e) "Job access loan" means a loan administered under s. 49.147 (6).

AB591-ASA3,55,9 (f) "Migrant worker" has the meaning given in s. 103.90 (5).

AB591-ASA3,55,11 (g) "Minimum wage" means the state minimum hourly wage under ch. 104 or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.

AB591-ASA3,55,13 (h) "Noncustodial parent" means, with respect to a dependent child, a parent who is not the custodial parent.

AB591-ASA3,55,18 (i) "Nonmarital coparent" means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.

AB591-ASA3,55,20 (j) "Parent" means either a biological parent, a person who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption.

AB591-ASA3,55,22 (k) "Participant" means an individual who participates in any component of the Wisconsin works program.

AB591-ASA3,55,23 (L) "Strike" has the meaning provided in 29 USC 142 (2).

AB591-ASA3,55,25 (m) "Transitional placement" means a work component of Wisconsin works administered under s. 49.147 (5).

AB591-ASA3,56,2 (n) "Trial job" means a work component of Wisconsin works administered under s. 49.147 (3).

AB591-ASA3,56,4 (p) "Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.

AB591-ASA3,56,6 (r) "Wisconsin works employment position" means any job or placement under s. 49.147 (3) to (5).

AB591-ASA3,56,14 (s) "Wisconsin works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin works group" does not include any person who is receiving benefits under s. 49.027 (3) (b).

AB591-ASA3,56,24 (2) Waivers; legislation. (a) If necessary, the department shall request a waiver from the secretaries of the federal department of health and human services, the federal department of agriculture and the federal social security administration or shall seek the passage of federal legislation to permit the department to conduct the Wisconsin works program in lieu of the aid to families with dependent children program under s. 49.19, the job opportunities and basic skills program under s. 49.193, the parental responsibility pilot program under s. 49.25 and the work-not-welfare program under s. 49.27 and as part of the food stamp program under 7 USC 2011 to 2029 and the medical assistance program under 42 USC 1396 to 1396u.

AB591-ASA3,57,9 (b) If a waiver is granted and in effect or legislation is enacted, and if the department determines that sufficient funds are available, the department may begin to implement the Wisconsin works program no sooner than July 1, 1996, for selected counties or groups determined by the department and shall implement the Wisconsin works program statewide for all groups no later than September 1, 1997. If a waiver is not granted and in effect or federal legislation is not enacted before March 30, 1997, the department shall implement the Wisconsin works program statewide for all groups no later than 3 months after the necessary waiver has been granted or federal legislation has been enacted.

AB591-ASA3,57,13 (d) Before implementing the Wisconsin works program, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the department will begin to implement the Wisconsin works program statewide.

AB591-ASA3,57,17 (2g) Financial and performance audit. (a) 1. The department shall contract with the legislative audit bureau to conduct a financial and performance audit of Wisconsin works. The legislative audit bureau shall include in its audit all of the following:

AB591-ASA3,57,21 a. The effect of the Wisconsin works employment component on the unsubsidized wages of former Wisconsin works employment position participants, the wages of trial job participants and the wages of participants that move from community service jobs and transitional placements to trial jobs.

AB591-ASA3,57,22 b. The effect of Wisconsin works on the provision of child care services.

AB591-ASA3,57,23 c. The utilization and cost of the Wisconsin works health plan under s. 49.153.

AB591-ASA3,57,25 2. The legislative audit bureau shall file the audit no later than July 1, 2000, in the manner described under s. 13.94 (1) (b).

AB591-ASA3,58,4 (b) If an evaluation is required under the terms of a federal waiver obtained under sub. (2) (a), the legislative audit bureau, in consultation with the department, may contract with a private or public agency to perform that evaluation and may charge the department for the cost of the evaluation.

AB591-ASA3,58,6 (2m) Statistics on homelessness. The department shall maintain a record detailing statistics on the homelessness of participants.

AB591-ASA3,58,12 (3) Applications. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under s. 49.143 (6) in which the individual lives and in the manner prescribed by the department.

AB591-ASA3,58,15 (4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.

AB591-ASA3,58,17 (5) Nonsupplant. No Wisconsin works employment position may be operated so as to do any of the following:

AB591-ASA3,58,20 (a) Have the effect of filling a vacancy created by an employer terminating a regular employe or otherwise reducing its work force for the purpose of hiring an individual under s. 49.147 (3), (4) or (5).

AB591-ASA3,58,22 (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.

AB591-ASA3,58,24 (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.

AB591-ASA3,59,2 (6) Prohibited conduct. A person, in connection with Wisconsin works, may not do any of the following:

AB591-ASA3,59,4 (a) Knowingly and wilfully make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment.

AB591-ASA3,59,9 (b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a benefit or payment under Wisconsin works, conceal or fail to disclose that event with an intent fraudulently to secure a benefit or payment under Wisconsin works either in a greater amount or quantity than is due or when no such benefit or payment is authorized.

AB591-ASA3,59,13 (7) Penalties. (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB591-ASA3,59,16 (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than one year or both.

AB591-ASA3,60,2 (8) Damages. If a person is convicted under sub. (6), the state has a cause of action for relief against the person in an amount equal to 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under sub. (6) is conclusive proof in a civil action of the state's right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages consist of the total amount of excess payments, any part of which is paid with state funds. In a civil action under this subsection, the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.

AB591-ASA3,60,10 (9) Kickbacks, bribes and rebates. (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB591-ASA3,60,18 (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB591-ASA3,60,19 (c) This subsection does not apply to any of the following:

AB591-ASA3,60,23 1. A discount or other reduction in price obtained by a provider of services or other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under Wisconsin works.

AB591-ASA3,61,3 2. An amount paid by an employer to an employe who has a bona fide employment relationship with the employer for employment in the provision of covered items or services.

AB591-ASA3,61,8 (10) Prohibited charges. (a) A provider may not knowingly impose upon a recipient charges in addition to payments received for services under Wisconsin works or knowingly impose direct charges upon a recipient in lieu of obtaining payment under Wisconsin works unless benefits or services are not provided under Wisconsin works and the recipient is advised of this fact prior to receiving the service.

AB591-ASA3,61,10 (b) A person who violates this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB591-ASA3, s. 85 Section 85. 49.143 of the statutes is created to read:

AB591-ASA3,61,17 49.143 Wisconsin works; agency contracts. (1) Awarding contracts. (a) Except as provided in par. (am), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph at least 6 months before the date that is specified in s. 49.141 (2) (d).

AB591-ASA3,62,7 (am) 1. The department shall contract with a county under s. 46.215, 46.22 or 46.23 or with a tribal governing body to administer Wisconsin works in that county or within the boundaries of that reservation if the county or tribal governing body has met the aid to families with dependent children caseload performance standards established by the department. The contract shall be awarded at least 6 months before the date that Wisconsin works is implemented in that county or on that reservation and shall be for a term of at least 2 years beginning on the date on which the department implements Wisconsin works in that county or reservation. A contract under this subdivision may be terminated only by mutual consent of the parties. When the contract expires, a county or tribal governing body may apply for a new contract under the competitive process established under par. (a). A county or tribal governing body may elect not to enter into a contract under this subdivision if the county or tribal governing body informs the department by the date established by the department by rule that the county or tribal governing body has made that election.

AB591-ASA3,62,11 2. A county or tribal governing body that has not met the aid to families with dependent children caseload performance standards established by the department by rule may apply for a contract under the competitive process established under par. (a).

AB591-ASA3,62,17 (at) A county that is awarded a contract under par. (am) 1. to administer Wisconsin works shall offer a subcontract for the administration of s. 49.147 to the public or private agency, if different from the county department under s. 46.215, 46.22 or 46.23, that administers the job opportunities and basic skills program under s. 49.193 in that county. A contract entered into under this paragraph is subject to approval by the department.

AB591-ASA3,62,20 (b) If no acceptable provider in a geographical area is selected under par. (a) or (am), the department shall administer Wisconsin works directly in that geographical area.

AB591-ASA3,62,23 (2) Contract requirements. Each contract under sub. (1) shall contain performance-based incentives established by the department by rule. The contract shall require a Wisconsin works agency to do all of the following:

AB591-ASA3,63,12 (a) Establish a community steering committee within 60 days after the date on which the contract is awarded. The Wisconsin works agency shall recommend the members of the committee to the chief executive officer of each county served by the Wisconsin works agency. The chief executive officer of each county shall appoint the members of the committee. The number of members that each chief executive officer appoints to the committee shall be in proportion to the population of that officer's county relative to the population of each other county served by the Wisconsin works agency, except that the chief executive officer of a county that is not a Wisconsin works agency shall appoint the director of the county department under s. 46.215, 46.22 or 46.23, or his or her designee, and one other representative of the county department under s. 46.215, 46.22 or 46.23. The committee shall consist of at least 12 members, but not more than 15 members. The members of the committee shall appoint a chairperson who shall be a person who represents business interests. The committee shall do all of the following:

AB591-ASA3,63,14 1. Advise the Wisconsin works agency concerning employment and training activities.

AB591-ASA3,63,16 2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial jobs or community service jobs.

AB591-ASA3,63,18 3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial jobs or community service jobs.

AB591-ASA3,63,20 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial jobs or community service jobs.

AB591-ASA3,63,22 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial jobs or community service jobs.

AB591-ASA3,64,2 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial jobs or community service jobs.

AB591-ASA3,64,4 7. Coordinate with the governor's council on workforce excellence under s. 106.115 to ensure compatibility of purpose and no duplication of effort.

AB591-ASA3,64,7 8. Work with participants, employers, child care providers and the community to identify child care needs, improve access to child care and expand availability of child care.

AB591-ASA3,64,9 9. Seek sources of private funding to match employment skills advancement grants under s. 49.185 (3) (i).

AB591-ASA3,64,11 10. Identify motivational training programs, including programs that enhance parenting skills.

AB591-ASA3,64,17 (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06; and child care programs.

AB591-ASA3,64,23 (c) Employ at least one financial and employment planner. The financial and employment planner shall work with a participant to facilitate the participant's achievement of the maximum degree of self-sufficiency. The department shall ensure that a financial and employment planner employed by a Wisconsin works agency meets certification and training requirements established by the department by rule and that appropriate training is provided by a Wisconsin works agency.

AB591-ASA3,65,3 (cg) Employ staff, if necessary, to meet the needs of participants who are refugees and who have cultural or linguistic barriers to participation in Wisconsin works.

AB591-ASA3,65,8 (cm) If a significant proportion of the population served by the Wisconsin works agency is comprised of a refugee group, employ staff that is proficient in the language of the refugee group to aid the financial and employment planner in locating appropriate employment opportunities that do not require English proficiency for participants who are members of that refugee group.

AB591-ASA3,65,11 (cp) Enter into a written contract with each employer that agrees to provide a trial job for a participant. The contract terms shall include the hourly wage at which the participant is to be paid, which may not be less than minimum wage.

AB591-ASA3,65,17 (d) If the Wisconsin works agency is not a county department under s. 46.215, 46.22 or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works, the food stamp program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.

AB591-ASA3,65,19 (e) Certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with 7 USC 2011 to 2029.

AB591-ASA3,65,22 (em) Determine eligibility for child care assistance under s. 49.155 and refer eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care services.

AB591-ASA3,65,24 (f) Perform any other tasks specified by the department in the contract that the department determines are necessary for the administration of Wisconsin works.

AB591-ASA3,66,5 (3) Performance standards. The department shall promulgate rules establishing performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold any or all payment from the Wisconsin works agency.

AB591-ASA3,66,7 (4) Audits. The department may require a Wisconsin works agency to submit to an independent annual audit paid for by the Wisconsin works agency.

AB591-ASA3,66,18 (5) Requests for information. (a) In accordance with rules promulgated by the department, a Wisconsin works agency may request from any person any information that it determines appropriate and necessary for the administration of Wisconsin works. Any person in this state shall provide this information within 7 days after receiving a request under this paragraph. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency. The Wisconsin works agency may disclose information obtained under this paragraph only in the administration of Wisconsin works. The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse strictly confidential, except to the extent needed to administer Wisconsin works.

AB591-ASA3,66,23 (b) The department may request from any Wisconsin works agency any information that the department determines appropriate and necessary for the overall administration of Wisconsin works. A Wisconsin works agency shall provide the department with the requested information in the manner prescribed by the department by rule.

AB591-ASA3,67,3 (c) The department may inspect at any time any Wisconsin works agency's records as the department determines is appropriate and necessary for the overall administration of Wisconsin works.

AB591-ASA3,67,8 (d) The legislative audit bureau may inspect at any time any Wisconsin works agency's records as the legislative audit bureau determines appropriate and necessary. If, in inspecting a Wisconsin works agency's records, the legislative audit bureau inspects the records of individual participants, the legislative audit bureau shall protect the confidentiality of those records.

AB591-ASA3,67,14 (6) Geographical areas. The department shall determine the geographical area for which a Wisconsin works agency will administer Wisconsin works. Except for federally recognized American Indian reservations and in counties with a population of 500,000 or more, no geographical area may be smaller than one county. A geographical area may include more than one county. The department need not establish the geographical areas by rule.

AB591-ASA3, s. 86 Section 86. 49.145 of the statutes is created to read:

AB591-ASA3,67,22 49.145 Wisconsin works; eligibility for employment positions. (1) General eligibility. In order to be eligible for Wisconsin works employment positions and job access loans for any month, an individual shall meet the eligibility requirements under subs. (2) and (3). The department may promulgate rules establishing additional eligibility criteria and specifying how eligibility criteria are to be administered. The department may promulgate rules establishing payment and reporting periods as needed to administer this subsection.

AB591-ASA3,67,25 (2) Nonfinancial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan in a month only if all of the following nonfinancial eligibility requirements are met:

AB591-ASA3,68,1 (a) The individual is a custodial parent.

AB591-ASA3,68,2 (b) The individual has attained the age of 18.

AB591-ASA3,68,4 (c) The individual is a U.S. citizen or a qualifying alien, as defined by the department by rule.

AB591-ASA3,68,7 (d) The individual has resided in this state for at least 60 consecutive days prior to applying under s. 49.141 (3) and, unless the person is a migrant worker, has demonstrated an intent to continue to reside in this state.

AB591-ASA3,68,13 (f) 1. Subject to subd. 2., the individual fully cooperates in efforts directed at establishing the paternity of the dependent child and obtaining support payments or any other payments or property to which that individual and the dependent child may have rights. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and collection of support payments.