SB77-SSA1,782,2320
3. `Worker's compensation.' A participant under this paragraph is an employe
21of the Wisconsin works agency for purposes of worker's compensation coverage,
22except to the extent that the person for whom the participant is performing work
23provides worker's compensation.
SB77-SSA1,783,224
(c)
Wage-paying community service job. 1. `Definition.' In this paragraph,
25"employer" means a nonprofit, nonstock corporation organized under ch. 181 with
1which the Wisconsin works agency contracts under subd. 1m. to provide employment
2to a participant.
SB77-SSA1,783,63
1g. `Limited scope.' The department shall permit this paragraph to be
4implemented by 2 Wisconsin works agencies in Milwaukee County that are selected
5by the department based on requests received by the department from those
6Wisconsin works agencies.
SB77-SSA1,783,117
1m. `Employment arrangement.' A Wisconsin works agency may contract with
8a nonprofit, nonstock corporation organized under ch. 181 to provide employment to
9the participant. The contract shall require the Wisconsin works agency to reimburse
10the employer for the amounts paid by the employer for the wages and payroll taxes
11of the participant.
SB77-SSA1,783,1412
2. `Eligibility.' A Wisconsin works agency may not place an individual under
13this paragraph unless the individual is working at least 15 hours per week in an
14unsubsidized job.
SB77-SSA1,783,1715
3. `Work supplementation.' The Wisconsin works agency may require a
16participant under this paragraph to work not more than the lesser of the following
17in a community service job under this paragraph:
SB77-SSA1,783,1818
a. Fifteen hours per week.
SB77-SSA1,783,2019
b. The difference between 40 hours and the number of hours that the
20participant works in an unsubsidized job.
SB77-SSA1,784,1021
4. `Time-limited participation.' An individual may participate under this
22paragraph in a particular community service job for a maximum of 3 months, with
23an opportunity for a one-month extension under circumstances approved by the
24department. An individual may participate in more than one community service job
25under this paragraph, but may not exceed a total of 24 months of participation under
1this subsection. The months need not be consecutive. The department or, with the
2approval of the department, the Wisconsin works agency may grant an extension to
3the 24-month limit on a case-by-case basis if the Wisconsin works agency
4determines that the individual has made all appropriate efforts to find unsubsidized
5employment and has been unable to find adequate unsubsidized employment
6because local labor market conditions preclude a reasonable employment
7opportunity in unsubsidized employment for that participant, as determined by a
8Wisconsin works agency and approved by the department, and if the Wisconsin
9works agency determines, and the department agrees, that no trial job opportunities
10are available in the specified local labor market.
SB77-SSA1,784,1411
5. `Worker's compensation.' The Wisconsin works agency shall provide the
12participant with worker's compensation coverage, except to the extent that the
13employer for whom the participant is performing work provides worker's
14compensation.
SB77-SSA1,784,1515
6. `Sunset.' This paragraph does not apply after September 30, 2001.
SB77-SSA1,784,2217
49.147
(4) (as)
Required hours. Except as provided in
par. pars. (at)
and (av),
18a Wisconsin works agency may require a participant placed in a community service
19job program to work not more than 30 hours per week in a community service job.
20A Wisconsin works agency may require a participant placed in the community
21service job program to participate in education or training activities for not more
22than 10 hours per week.
SB77-SSA1,785,624
49.147
(4) (av)
Education for 18-year-old and 19-year-old students. A
25Wisconsin works agency shall permit a participant under this subsection who has not
1obtained the age of 20 and who has not obtained a high school diploma or a
2declaration of equivalency of high school graduation to attend high school or enroll
3in a course of study meeting the standards established under s. 115.29 (4) for the
4granting of a declaration of equivalency of high school graduation to satisfy, in whole
5or in part, the required hours of participation in a community service job under par.
6(as).
SB77-SSA1,785,198
49.147
(5) (bm)
Education or training activities. A Except as provided in par.
9(bw), a participant under this subsection may be required to participate in education
10and training activities assigned as part of an employability plan developed by the
11Wisconsin works agency. The department shall establish by rule permissible
12education and training under this paragraph, which shall include a course of study
13meeting the standards established under s. 115.29 (4) for the granting of a
14declaration of equivalency of high school graduation, technical college courses and
15educational courses that provide an employment skill. Permissible education under
16this paragraph shall also include English as a 2nd language courses that the
17Wisconsin works agency determines would facilitate an individual's efforts to obtain
18employment and adult basic education courses that the Wisconsin works agency
19determines would facilitate an individual's efforts to obtain employment.
SB77-SSA1,786,221
49.147
(5) (bs)
Required hours. Except as provided in
par. pars. (bt)
and (bw),
22a Wisconsin works agency may require a participant placed in a transitional
23placement to engage in activities under par. (b) 1. for up to 28 hours per week. A
24Wisconsin works agency may require a participant placed in a transitional
1placement to participate in education or training activities under par. (bm) for not
2more than 12 hours per week.
SB77-SSA1,786,104
49.147
(5) (bt)
Motivational training. A Except as provided in par. (bw), a 5Wisconsin works agency may require a participant, during the first 2 weeks of
6participation under this subsection, to participate in an assessment and
7motivational training program identified by the community steering committee
8under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than
940 hours of participation per week under this paragraph in lieu of the participation
10requirement under par. (bs).
SB77-SSA1,786,1512
49.147
(5) (bw)
Certain single parents of disabled children. A participant may
13not be required to participate in education and training activities under par. (bm),
14the work requirement under par. (bs) or motivational training under par. (bt) if all
15of the following conditions are met:
SB77-SSA1,786,1616
1. The participant is a single parent of a disabled child.
SB77-SSA1,786,1817
2. The Wisconsin works agency determines that the participant is needed in
18the home for at least 40 hours per week to provide care for the disabled child.
SB77-SSA1,786,2320
49.147
(5) (c)
Worker's compensation. A participant under this subsection
who
21is not exempt under par. (bw) is an employe of the Wisconsin works agency for
22purposes of worker's compensation coverage, except to the extent that the person for
23whom the participant is performing work provides worker's compensation coverage.
SB77-SSA1,787,4
149.147
(6) (c)
Distribution and administration. From the
appropriation 2appropriations under s. 20.445 (3) (e)
, (jL) and (md), the department shall distribute
3funds for job access loans to a Wisconsin works agency, which shall administer the
4loans in accordance with rules promulgated by the department.
SB77-SSA1,787,96
49.147
(6) (d) 2. The individual has graduated from high school or has met the
7standards established by the
secretary of education
state superintendent of public
8instruction for the granting of a declaration of equivalency of high school graduation
9under s. 115.29 (4).
SB77-SSA1,787,2211
49.148
(1) (b)
Community service jobs. For a participant in a community service
12job, a monthly grant of
$555 $673, paid by the Wisconsin works agency
or by the
13department under sub. (2). For every hour that the participant misses work or
14education or training activities without good cause,
the Wisconsin works agency
15shall reduce the grant amount
shall be reduced by
$4.25 $5.15. Good cause shall be
16determined by the financial and employment planner in accordance with rules
17promulgated by the department. Good cause shall include required court
18appearances for a victim of domestic abuse.
If a participant in a community service
19job is required to work fewer than 30 hours per week because the participant has
20unsubsidized employment, as defined in s. 49.147 (1) (a), the grant amount under
21this paragraph may be reduced by an amount equal to the product of $5.15 and the
22difference between 30 and the number of hours the participant is required to work.
SB77-SSA1, s. 1815c
23Section 1815c. 49.148 (1) (b) of the statutes, as affected by 1997 Wisconsin Act
24.... (this act), is renumbered 49.148 (1) (b) 1. and amended to read:
SB77-SSA1,788,7
149.148
(1) (b) 1. For a participant in a community service job
under s. 49.147
2(4) (b), a monthly grant of $673, paid by the Wisconsin works agency or by the
3department under sub. (2). For every hour that the participant misses work or
4education or training activities without good cause, the grant amount shall be
5reduced by $5.15. Good cause shall be determined by the financial and employment
6planner in accordance with rules promulgated by the department. Good cause shall
7include required court appearances for a victim of domestic abuse.
SB77-SSA1,788,129
49.148
(1) (b) 2. For a participant in a community service job under s. 49.147
10(4) (c), minimum wage for every hour actually worked in the community service job,
11not to exceed 15 hours per week, paid by the employer, as defined in s. 49.147 (4) (c)
121.
SB77-SSA1,788,2114
49.148
(1) (c)
Transitional placements. For a participant in a transitional
15placement, a grant of
$518 $628, paid monthly by the Wisconsin works agency
or by
16the department under sub. (2). For every hour that the participant fails to
17participate in any required activity without good cause, including any activity under
18s. 49.147 (5) (b) 1. a. to e.,
the Wisconsin works agency shall reduce the grant amount
19shall be reduced by
$4.25 $5.15. Good cause shall be determined by the financial and
20employment planner in accordance with rules promulgated by the department. Good
21cause shall include required court appearances for a victim of domestic abuse.
SB77-SSA1,789,923
49.148
(1m) (a) A custodial parent of a child who is 12 weeks old or less and
24who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a
25monthly grant of
$555 $673 unless another adult member of the custodial parent's
1Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin
2works employment position or is employed in unsubsidized employment, as defined
3in s. 49.147 (1) (a). A Wisconsin works agency may not require a participant under
4this subsection to participate in any employment positions. Receipt of a grant under
5this subsection does not constitute participation in a Wisconsin works employment
6position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b)
7or (5) (b) 2. if the child is born to the participant not more than 10 months after the
8date that the participant was first determined to be eligible for assistance under s.
949.19 or for a Wisconsin works employment position.
SB77-SSA1, s. 1817b
10Section 1817b. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin
11Act .... (this act), is amended to read:
SB77-SSA1,789,2312
49.148
(1m) (a) A custodial parent of a child who is 12 weeks old or less and
13who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a
14monthly grant of $673 unless another adult member of the custodial parent's
15Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin
16works employment position or is employed in unsubsidized employment, as defined
17in s. 49.147 (1) (a). A Wisconsin works agency may not require a participant under
18this subsection to participate in any employment positions. Receipt of a grant under
19this subsection does not constitute participation in a Wisconsin works employment
20position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b)
212. or (c) 4. or (5) (b) 2. if the child is born to the participant not more than 10 months
22after the date that the participant was first determined to be eligible for assistance
23under s. 49.19 or for a Wisconsin works employment position.
SB77-SSA1,790,10
149.148
(1m) (b) Receipt of a grant under this subsection constitutes
2participation in a Wisconsin works employment position for purposes of the time
3limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b)
2. or (c) 4. or (5) (b) 2. if the
4child is born to the participant more than 10 months after the date that the
5participant was first determined to be eligible for assistance under s. 49.19 or for a
6Wisconsin works employment position unless the child was conceived as a result of
7a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not
8indicate a freely given agreement to have sexual intercourse or of incest in violation
9of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a
10physician and to law enforcement authorities.
SB77-SSA1,790,1612
49.148
(3) Wisconsin works health plan. A If a waiver under s. 49.153 (1m)
13is granted and in effect or federal legislation that permits the application of s. 49.153
14is enacted, a participant in a Wisconsin works employment position shall participate
15in the Wisconsin works health plan under s. 49.153
. The participant and shall pay
16a premium in an amount and in the manner established under s. 49.153 (4) (d).
SB77-SSA1,791,518
49.148
(4) Drug testing. (a) A Wisconsin works agency shall require a
19participant in a community service job or transitional placement who, after August
2022, 1996, was convicted in any state or federal court of a felony that had as an element
21possession, use or distribution of a controlled substance to submit to a test for use of
22a controlled substance as a condition of continued eligibility. If the test results are
23positive, the Wisconsin works agency shall decrease the pre-sanction benefit
24amount for that participant by not more than 15% for not fewer than 12 months, or
25for the remainder of the participant's period of participation in a community service
1job or transitional placement, if less than 12 months. If, at the end of 12 months, the
2individual is still a participant in a community service job or transitional placement
3and submits to another test for use of a controlled substance and if the results of the
4test are negative, the Wisconsin works agency shall discontinue the reduction under
5this subsection.
SB77-SSA1,791,96
(b) The Wisconsin works agency may require an individual who tests positive
7for use of a controlled substance under par. (a) to participate in a drug abuse
8evaluation, assessment and treatment program as part of the participation
9requirement under s. 49.147 (4) (as) or (5) (bs).
SB77-SSA1,791,1210
(c) Paragraph (a) does not apply if the participant was convicted more than 5
11years prior to the date on which the participant applied for a Wisconsin works
12employment position.
SB77-SSA1,791,2214
49.152
(1) Petition for review. Any individual whose application for
any
15component of Wisconsin works
under s. 49.147 (1) to (5) is not acted upon by the
16Wisconsin works agency with reasonable promptness after the filing of the
17application, as defined by the department by rule, or is denied in whole or in part,
18whose benefit is modified or canceled, or who believes that the benefit was calculated
19incorrectly
or that the employment position in which the individual was placed is
20inappropriate, may petition the Wisconsin works agency for a review of such action.
21Review is unavailable if the action by the Wisconsin works agency occurred more
22than 45 days prior to submission of the petition for review.
SB77-SSA1, s. 1829
23Section
1829. 49.152 (2) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,792,524
49.152
(2) (a) (intro.) Upon a timely petition under sub. (1), the Wisconsin
25works agency shall give the applicant or participant reasonable notice and
1opportunity for a review. The Wisconsin works agency shall render its decision as
2soon as possible after the review and shall send
by 1st class mail a certified copy of
3its decision to the
last-known address of the applicant or participant. The Wisconsin
4works agency shall deny a petition for a review or shall refuse to grant relief if the
5petitioner does any of the following:
SB77-SSA1,792,97
49.152
(2) (b) 1. Within
15 14 days
of receiving after the date on which the
8certified copy of the decision of the Wisconsin works agency
is mailed, the applicant
9or participant petitions the department for a review of that decision.
SB77-SSA1,792,1311
49.152
(2) (c) 1. Within
15 14 days after
receiving the date on which the certified
12copy of the decision of the Wisconsin works agency
is mailed, the applicant petitions
13the department for a review of the decision.
SB77-SSA1,792,2415
49.152
(3) Remedies. (a) If, following review under sub. (2), the Wisconsin
16works agency or the department determines that an individual, whose application
17for a Wisconsin works employment position was denied based on eligibility, was in
18fact eligible, or that the individual was placed in an inappropriate Wisconsin works
19employment position, the Wisconsin works agency shall place the individual in the
20first available Wisconsin works employment position that is appropriate for that
21individual, as determined by the Wisconsin works agency or the department. An
22individual who is placed in a Wisconsin works employment position under this
23paragraph is eligible for the benefit for that position under s. 49.148 beginning on the
24date on which the individual begins participation under s. 49.147.
SB77-SSA1,793,6
1(b) If, following review under sub. (2), the Wisconsin works agency or the
2department determines that a participant's benefit was improperly modified or
3canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the
4benefit to the level determined to be appropriate by the Wisconsin works agency or
5by the department retroactive to the date on which the benefit was first improperly
6modified or canceled or incorrectly calculated.
SB77-SSA1,793,198
49.153
(1m) Waiver. (a) If necessary, the department of health and family
9services shall request a waiver from the secretary of the federal department of health
10and human services or shall seek the passage of federal legislation to permit the
11application of this section as part of the medical assistance program under
42 USC
121396 to
1396u. If a waiver is granted or federal legislation is enacted, the department
13of health and family services shall publish a notice in the Wisconsin Administrative
14Register indicating the date on which this section will first be implemented. If a
15waiver is granted and in effect or federal legislation is enacted, the department of
16health and family services, in consultation with the department of workforce
17development, shall implement this section beginning no later than the first day of
18the 3rd month beginning after the waiver is granted or the federal legislation is
19enacted.
SB77-SSA1,793,2420
(b) Notwithstanding subch. IV, if a waiver under par. (a) is granted and in effect
21or federal legislation is enacted, beginning on the date stated in the notice under par.
22(a), the department of health and family services may terminate the eligibility for
23medical assistance under subch. IV of persons who are eligible to participate in the
24health plan under this section.
SB77-SSA1,794,2
149.153
(3g) (a) 1. The individual meets the criteria under s. 49.145 (2) (c), (f),
2(g), (i), (L)
and, (m)
and (s) and resides in this state.
SB77-SSA1,794,74
49.153
(4) (b) 1u. The Wisconsin works health plan may cover an
5over-the-counter drug if the department of health and family services determines
6that the over-the-counter drug is more cost-effective than the prescription drug
7equivalent.
SB77-SSA1, s. 1836
8Section
1836. 49.153 (4) (b) 2. c. of the statutes is amended to read:
SB77-SSA1,794,109
49.153
(4) (b) 2. c.
Over-the-counter
Except as provided in subd. 1u.,
10over-the-counter drugs.
SB77-SSA1,794,1612
49.153
(4) (c)
Distribution of payments. From the appropriations under s.
1320.435
(1) (5) (b) and (o), the department of health and family services shall make
14payments to a health maintenance organization or other health care provider with
15which the department of health and family services has contracted under par. (a) in
16accordance with a payment schedule established by contract.
SB77-SSA1,794,2018
49.153
(4) (d) 3. b. For a participant in a
grant-paying community service job
19or transitional placement, the Wisconsin works agency shall deduct the premium
20from the participant's monthly grant amount under s. 49.148 (1) (b)
1. or (c).
SB77-SSA1, s. 1838
21Section
1838. 49.155 (1) (a) of the statutes is renumbered 49.155 (1) (am).
SB77-SSA1,794,2523
49.155
(1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial
24parent, guardian, foster parent, treatment foster parent, legal custodian or a person
25acting in the place of a parent.
SB77-SSA1,795,122
49.155
(1d) Child care certification rules. (a) The department shall
3promulgate rules establishing standards for the certification of child care providers
4under s. 48.651. In establishing the requirements for certification as a Level I
5certified family day care provider, the department shall permit a Level I certified
6family day care provider to provide care for no more than 6 children under the age
7of 7 who are unrelated to the provider, subject to a maximum limitation of 6 children
8of any age, including children who are related to the provider, but not including
9children 7 years of age or over who are the natural, adopted or foster children of the
10provider. In establishing the requirements for certification as a Level II certified
11family day care provider, the department may not include a requirement for training
12for providers.
SB77-SSA1,795,2113
(b) The department shall promulgate rules to establish quality of care
14standards for child care providers that are higher than the quality of care standards
15required for licensure under s. 48.65 or for certification under s. 48.651. The
16standards established by rules promulgated under this paragraph shall consist of
17the standards provided for the accreditation of day care centers by the national
18association for the education of young children or any other comparable standards
19that the department may establish, including standards regarding the turnover of
20child care provider staff and the training and benefits provided for child care
21provider staff.
SB77-SSA1, s. 1841
22Section
1841. 49.155 (1g) (title) of the statutes is created to read:
SB77-SSA1,795,2323
49.155
(1g) (title)
Distribution of funds.
SB77-SSA1, s. 1842
24Section
1842. 49.155 (1j) (title) of the statutes is created to read:
SB77-SSA1,795,2525
49.155
(1j) (title)
Unanticipated federal funds.
SB77-SSA1, s. 1843
1Section
1843. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,796,52
49.155
(1m) (a) (intro.) The individual is a
custodial parent of a child who is
3under the age of 13, or is a person who, under s. 48.57 (3m), is providing care and
4maintenance for a child who is under the age of 13, and child care services for that
5child are needed in order for the individual to do any of the following:
SB77-SSA1,796,147
49.155
(1m) (a) 1m. If the individual is under 20 years of age, but is not subject
8to the school attendance requirement under s. 49.26 (1) (ge) and the individual
9resides with his or her custodial parent or with a kinship care relative under s. 48.57
10(3m) or is in a foster home or treatment foster home licensed under s. 48.62, a group
11home or an independent living arrangement supervised by an adult, obtain a high
12school diploma or participate in a course of study meeting the standards established
13by the state superintendent of public instruction for the granting of a declaration of
14equivalency of high school graduation.