Amendment ASA3-AB591

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.

AB591-ASA3,68,16 2. An individual who fails 3 times to meet the requirements under subd. 1. remains ineligible until the individual cooperates or for a period of 6 months, whichever is later.

AB591-ASA3,68,22 (g) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary, consistent with rules promulgated by the department, within 7 working days after receiving a request for the information from the Wisconsin works agency. 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.

AB591-ASA3,69,2 (h) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application.

AB591-ASA3,69,6 (hm) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining employment.

AB591-ASA3,69,8 (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB591-ASA3,69,9 (j) On the last day of the month, the individual is not participating in a strike.

AB591-ASA3,69,11 (k) The individual applies for or provides a social security account number as required by the department.

AB591-ASA3,69,13 (L) The individual satisfies other eligibility criteria established by the department by rule.

AB591-ASA3,69,15 (m) The individual reports any change in circumstances that may affect his or her eligibility to the Wisconsin works agency within 10 days after the change.

AB591-ASA3,69,24 (n) Beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual has actively participated in the job opportunities and basic skills program under s. 49.193 or has participated in a Wisconsin works employment position or both does not exceed 60 months. The months need not be consecutive. Participation in the job opportunities and basic skills program under s. 49.193 begins to count toward the 60-month limit beginning on the effective date of this paragraph .... [revisor inserts date]. A Wisconsin works agency may extend the time limit only in 12-month increments. An extension may be granted only if all of the following conditions are met:

AB591-ASA3,70,3 1. The Wisconsin works agency determines, in accordance with rules promulgated by the department, that unusual circumstances exist that warrant an extension of the participation period.

AB591-ASA3,70,4 2. The department approves the extension.

AB591-ASA3,70,7 (q) No other individual in the Wisconsin works group is a participant in a Wisconsin works employment position at the time of the determination of eligibility. This paragraph does not apply to an individual applying for a job access loan.

AB591-ASA3,70,10 (3) Financial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan only if all of the following financial eligibility requirements are met:

AB591-ASA3,70,15 (a) Resource limitations. The individual is a member of a Wisconsin works group whose assets do not exceed $2,500 in combined equity value. In determining the combined equity value of assets, the Wisconsin works agency shall exclude the equity value of vehicles up to a total equity value of $10,000, and one home that serves as the homestead for the Wisconsin works group.

AB591-ASA3,70,19 (b) Income limitations. The individual is a member of a Wisconsin works group whose gross income is at or below 115% of the poverty line. In calculating gross income under this paragraph, the Wisconsin works agency shall include all of the following:

AB591-ASA3,70,24 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.

AB591-ASA3,71,2 2. Child support payments received on behalf of a child who is a member of the Wisconsin works group.

AB591-ASA3,71,4 3. The income of a nonmarital coparent or of the individual's spouse, if the spouse resides in the same home as the dependent child.

AB591-ASA3,71,9 (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 income of the Wisconsin works group is expected to exceed the income limits for at least 2 consecutive months.

AB591-ASA3, s. 87 Section 87. 49.146 of the statutes is created to read:

AB591-ASA3,71,15 49.146 Employer criteria. The department shall establish by rule criteria that an employer providing a Wisconsin works employment position must meet in order to employ a participant under s. 49.147 (3) to (5). An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.

AB591-ASA3, s. 88 Section 88. 49.147 of the statutes is created to read: