Amendment ASA1-AB100

AB100-ASA1,777,9 3. A Wisconsin works agency may extend the time limit under this paragraph only if 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.

AB100-ASA1, s. 1435 Section 1435. 49.145 (2) (n) 1. b. of the statutes is created to read:

AB100-ASA1,777,11 49.145 (2) (n) 1. b. A Wisconsin works employment position.

AB100-ASA1, s. 1436 Section 1436. 49.145 (2) (n) 1. c. of the statutes is created to read:

AB100-ASA1,777,16 49.145 (2) (n) 1. c. Any program in this state or in any other state funded by a federal block grant for temporary assistance for needy families under title I of P.L. 104-193, if the individual received benefits under that program that were attributable to funds provided by the federal government.

AB100-ASA1, s. 1437 Section 1437. 49.145 (2) (n) 2. of the statutes is created to read:

AB100-ASA1,777,22 49.145 (2) (n) 2. Except as provided in subd. 4., in calculating the number of months in which the individual participated under subd. 1., the Wisconsin works agency shall include any month in which any adult member of a Wisconsin works group participated in a Wisconsin works employment position, if the individual was a member of that Wisconsin works group during that month.

AB100-ASA1, s. 1438 Section 1438. 49.145 (2) (n) 4. of the statutes is created to read:

AB100-ASA1,778,5 49.145 (2) (n) 4. In calculating the number of months under subds. 1. and 2., a Wisconsin works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:

AB100-ASA1,778,7 a. At least 1,000 individuals were living on the reservation or in the village or Indian country.

AB100-ASA1,778,9 b. At least 50% of the adults living on the reservation or in the village or Indian country were unemployed.

AB100-ASA1, s. 1439 Section 1439. 49.145 (2) (r) of the statutes is created to read:

AB100-ASA1,778,12 49.145 (2) (r) The individual is not a fugitive felon under 42 USC 608 (a) (9) (A) (i).

AB100-ASA1, s. 1440 Section 1440. 49.145 (2) (rm) of the statutes is created to read:

AB100-ASA1,778,15 49.145 (2) (rm) The individual is not violating a condition of probation or parole imposed under federal or state law.

AB100-ASA1, s. 1441 Section 1441. 49.145 (2) (s) of the statutes is created to read:

AB100-ASA1,779,10 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until that amount of benefits paid that represents the amount due as support or maintenance has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin works may be considered assigned to this state. Except as provided in s. 49.1455, any money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin works shall be paid to the individual applying for or participating in Wisconsin works.

AB100-ASA1, s. 1442 Section 1442. 49.145 (2) (v) of the statutes is created to read:

AB100-ASA1,779,14 49.145 (2) (v) The individual states in writing whether the individual has been convicted in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance, as defined in 21 USC 802 (6).

AB100-ASA1, s. 1443 Section 1443. 49.145 (3) (b) 2. of the statutes is amended to read:

AB100-ASA1,779,20 49.145 (3) (b) 2. Child support payments received by the individual on behalf of a child who is a member of the Wisconsin works group. The Wisconsin works agency shall not include child support payments received by the department under an assignment under sub. (2) (s) unless the department has distributed the money to the individual.

AB100-ASA1, s. 1812am Section 1812am. 49.1455 of the statutes is created to read:

AB100-ASA1,780,2 49.1455 Child support demonstration project. The department may conduct a demonstration project, pursuant to the terms and conditions of a federal waiver, under which the department may pay to an individual whom the department has selected to be part of a control group a portion of the amount of child support received by the department under an assignment by the individual under s. 49.145 (2) (s).

AB100-ASA1, s. 1812b Section 1812b. 49.147 (1) (title) and (a) (title) of the statutes are repealed.

AB100-ASA1, s. 1812c Section 1812c. 49.147 (1) (intro.) of the statutes is created to read:

AB100-ASA1,780,5 49.147 (1) Definitions. (intro.) In this section:

AB100-ASA1, s. 1812d Section 1812d. 49.147 (1) (a) of the statutes is renumbered 49.147 (1) (c) and amended to read:

AB100-ASA1,780,10 49.147 (1) (c) In this section, "unsubsidized "Unsubsidized employment" means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.

AB100-ASA1, s. 1812e Section 1812e. 49.147 (1) (b) of the statutes is created to read:

AB100-ASA1,780,12 49.147 (1) (b) "Disabled" has the meaning given in s. 46.985 (1) (d).

AB100-ASA1, s. 1812f Section 1812f. 49.147 (4) of the statutes is repealed and recreated to read:

AB100-ASA1,781,2 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 sufficient 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 a placement 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 by the projects. After every 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.

AB100-ASA1,781,5 (b) Grant-paying community service job. 1. `Required hours.' Except as provided in subd. 1m., a participant under this paragraph may be required to participate in any of the following:

AB100-ASA1,781,16 a. Education and training activities for not more than 10 hours per week 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 subd. 1. a., 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 subd. 1. a. 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.

AB100-ASA1,781,17 b. A community service job for not more than 30 hours per week.

AB100-ASA1,781,22 c. For the first 2 weeks of participation under this paragraph, 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 subd. 1. c. in lieu of the participation requirements under subd. 1. a. and b.

AB100-ASA1,782,4 1m. `Education for 18-year-old and 19-year-old students.' A Wisconsin works agency shall permit a participant under this paragraph who has not obtained 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 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 in a community service job under subd. 1.

AB100-ASA1,782,19 2. `Time-limited participation.' An individual may participate under this paragraph in a particular 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 under this paragraph, 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.

AB100-ASA1,782,23 3. `Worker's compensation.' A participant under this paragraph 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.

AB100-ASA1,783,2 (c) Wage-paying community service job. 1. `Definition.' In this paragraph, "employer" means a nonprofit, nonstock corporation organized under ch. 181 with which the Wisconsin works agency contracts under subd. 1m. to provide employment to a participant.

AB100-ASA1,783,6 1g. `Limited scope.' The department shall permit this paragraph to be implemented by 2 Wisconsin works agencies in Milwaukee County that are selected by the department based on requests received by the department from those Wisconsin works agencies.

AB100-ASA1,783,11 1m. `Employment arrangement.' A Wisconsin works agency may contract with a nonprofit, nonstock corporation organized under ch. 181 to provide employment to the participant. The contract shall require the Wisconsin works agency to reimburse the employer for the amounts paid by the employer for the wages and payroll taxes of the participant.

AB100-ASA1,783,14 2. `Eligibility.' A Wisconsin works agency may not place an individual under this paragraph unless the individual is working at least 15 hours per week in an unsubsidized job.

AB100-ASA1,783,17 3. `Work supplementation.' The Wisconsin works agency may require a participant under this paragraph to work not more than the lesser of the following in a community service job under this paragraph:

AB100-ASA1,783,18 a. Fifteen hours per week.

AB100-ASA1,783,20 b. The difference between 40 hours and the number of hours that the participant works in an unsubsidized job.

AB100-ASA1,784,10 4. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 3 months, with an opportunity for a one-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, 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 adequate 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.

AB100-ASA1,784,14 5. `Worker's compensation.' The Wisconsin works agency shall provide the participant with worker's compensation coverage, except to the extent that the employer for whom the participant is performing work provides worker's compensation.

AB100-ASA1,784,15 6. `Sunset.' This paragraph does not apply after September 30, 2001.

AB100-ASA1, s. 1812g Section 1812g. 49.147 (4) (as) of the statutes is amended to read:

AB100-ASA1,784,22 49.147 (4) (as) Required hours. Except as provided in par. pars. (at) and (av), a Wisconsin works agency may require a participant placed in a community service job program to work not more than 30 hours per week in a community service job. 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.

AB100-ASA1, s. 1812h Section 1812h. 49.147 (4) (av) of the statutes is created to read:

AB100-ASA1,785,6 49.147 (4) (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 obtained 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 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 in a community service job under par. (as).

AB100-ASA1, s. 1812j Section 1812j. 49.147 (5) (bm) of the statutes is amended to read:

AB100-ASA1,785,19 49.147 (5) (bm) Education or training activities. A Except as provided in par. (bw), 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.

AB100-ASA1, s. 1812k Section 1812k. 49.147 (5) (bs) of the statutes is amended to read:

AB100-ASA1,786,2 49.147 (5) (bs) Required hours. Except as provided in par. pars. (bt) and (bw), 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 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.

AB100-ASA1, s. 1812p Section 1812p. 49.147 (5) (bt) of the statutes is amended to read:

AB100-ASA1,786,10 49.147 (5) (bt) Motivational training. A Except as provided in par. (bw), 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. (bs).

AB100-ASA1, s. 1812t Section 1812t. 49.147 (5) (bw) of the statutes is created to read:

AB100-ASA1,786,15 49.147 (5) (bw) Certain single parents of disabled children. A participant may not be required to participate in education and training activities under par. (bm), the work requirement under par. (bs) or motivational training under par. (bt) if all of the following conditions are met:

AB100-ASA1,786,16 1. The participant is a single parent of a disabled child.

AB100-ASA1,786,18 2. The Wisconsin works agency determines that the participant is needed in the home for at least 40 hours per week to provide care for the disabled child.

AB100-ASA1, s. 1812u Section 1812u. 49.147 (5) (c) of the statutes is amended to read:

AB100-ASA1,786,23 49.147 (5) (c) Worker's compensation. A participant under this subsection who is not exempt under par. (bw) 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.

AB100-ASA1, s. 1444 Section 1444. 49.147 (6) (c) of the statutes is amended to read:

AB100-ASA1,787,4 49.147 (6) (c) Distribution and administration. From the appropriation appropriations under s. 20.445 (3) (e), (jL) and (md), the department shall distribute funds for job access loans to a Wisconsin works agency, which shall administer the loans in accordance with rules promulgated by the department.

AB100-ASA1, s. 1445 Section 1445. 49.147 (6) (d) 2. of the statutes is amended to read:

AB100-ASA1,787,9 49.147 (6) (d) 2. The individual has graduated from high school or has met the standards established by the secretary of education state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4).

AB100-ASA1, s. 1446 Section 1446. 49.148 (1) (b) of the statutes is amended to read:

AB100-ASA1,787,22 49.148 (1) (b) Community service jobs. For a participant in a community service job, a monthly grant of $555 $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 Wisconsin works agency shall reduce the grant amount shall be reduced by $4.25 $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 is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (a), 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.

AB100-ASA1, s. 1815c Section 1815c. 49.148 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.148 (1) (b) 1. and amended to read:

AB100-ASA1,788,7 49.148 (1) (b) 1. 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.

AB100-ASA1, s. 1815d Section 1815d. 49.148 (1) (b) 2. of the statutes is created to read:

AB100-ASA1,788,12 49.148 (1) (b) 2. For a participant in a community service job under s. 49.147 (4) (c), minimum wage for every hour actually worked in the community service job, not to exceed 15 hours per week, paid by the employer, as defined in s. 49.147 (4) (c) 1.

AB100-ASA1, s. 1447 Section 1447. 49.148 (1) (c) of the statutes is amended to read:

AB100-ASA1,788,21 49.148 (1) (c) Transitional placements. For a participant in a transitional placement, a grant of $518 $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 Wisconsin works agency shall reduce the grant amount shall be reduced by $4.25 $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.

AB100-ASA1, s. 1448 Section 1448. 49.148 (1m) (a) of the statutes is amended to read:

AB100-ASA1,789,9 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 $555 $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) (a). 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) 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.

AB100-ASA1, s. 1817b Section 1817b. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,789,23 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) (a). 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.

AB100-ASA1, s. 1817c Section 1817c. 49.148 (1m) (b) of the statutes is amended to read:

AB100-ASA1,790,10 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.

AB100-ASA1, s. 1449 Section 1449. 49.148 (3) of the statutes is amended to read:

AB100-ASA1,790,16 49.148 (3) Wisconsin works health plan. A If a waiver under s. 49.153 (1m) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, a participant in a Wisconsin works employment position shall participate in the Wisconsin works health plan under s. 49.153. The participant and shall pay a premium in an amount and in the manner established under s. 49.153 (4) (d).

AB100-ASA1, s. 1450 Section 1450. 49.148 (4) of the statutes is created to read:

AB100-ASA1,791,5 49.148 (4) Drug testing. (a) A Wisconsin works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works agency shall decrease the pre-sanction benefit amount for that participant by not more than 15% for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works agency shall discontinue the reduction under this subsection.

AB100-ASA1,791,9 (b) The Wisconsin works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment and treatment program as part of the participation requirement under s. 49.147 (4) (as) or (5) (bs).

AB100-ASA1,791,12 (c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position.