Amendment SSA1-AB133

AB133-SSA1,664,14 49.145 (3m) Placement. (a) Within 30 days after an individual applies for a Wisconsin works employment position, the Wisconsin works agency shall place the individual in a Wisconsin works employment position if the individual meets all of the eligibility requirements under this section and if the individual is unable to find unsubsidized employment, as defined in s. 49.147 (1) (c), despite the individual's reasonable effort to search for unsubsidized employment.

AB133-SSA1,664,18 (b) In the case of an individual who is incapable of performing a job search, the Wisconsin works agency shall place the individual in a Wisconsin works employment position immediately after making a determination that an individual otherwise meets the eligibility requirements under this section.

AB133-SSA1, s. 1228 Section 1228. 49.145 (4) of the statutes is amended to read:

AB133-SSA1,664,24 49.145 (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 or income of the Wisconsin works group is expected to exceed the asset or income limits limit under sub. (3) for at least 2 consecutive months.

AB133-SSA1, s. 1229 Section 1229. 49.147 (1m) of the statutes is created to read:

AB133-SSA1,665,10 49.147 (1m) Educational needs assessment. Upon determining that the appropriate placement for an individual is in unsubsidized employment or a trial job, the Wisconsin works agency shall conduct an educational needs assessment of the individual. If the Wisconsin works agency determines that the individual needs basic education, including 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, and if the individual wishes to pursue basic education, the Wisconsin works agency shall include basic education in an employability plan developed for the individual. The Wisconsin works agency shall pay for the basic education services identified in the employability plan.

AB133-SSA1, s. 1229q Section 1229q. 49.147 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB133-SSA1,666,2 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 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 placements 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 from such projects. After each 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.

AB133-SSA1,666,14 (am) Education or training activities. 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.

AB133-SSA1,666,22 (as) Required hours. Except as provided in pars. (at) and (av), a Wisconsin works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works agency to be appropriate for the participant at the time of application or review, but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), 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.

AB133-SSA1,667,3 (at) Motivational training. 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. (as).

AB133-SSA1,667,10 (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 attained 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, at the option of the participant, to 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 under par. (as).

AB133-SSA1,667,24 (b) Time-limited participation. An individual may participate in a 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, 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.

AB133-SSA1,668,4 (c) Worker's compensation. A participant under this subsection 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.

AB133-SSA1, s. 1235 Section 1235. 49.1475 of the statutes is created to read:

AB133-SSA1,668,16 49.1475 Follow-up services. Following any follow-up period required by the contract entered into under s. 49.143, a Wisconsin works agency may provide case management services for an individual who moves from a Wisconsin works employment position to unsubsidized employment to help the individual retain the unsubsidized employment. Case management services may include the provision of employment skills training; English as a 2nd language classes, if the Wisconsin works agency determines that the course will facilitate the individual's efforts to retain employment; 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; or other remedial education courses. The Wisconsin works agency may provide case management services regardless of the individual's income and asset levels.

AB133-SSA1, s. 1236 Section 1236. 49.148 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-SSA1,669,7 49.148 (1) (b) 1. For Except as provided in subd. 1m., 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. If a participant in a community service job under s. 49.147 (4) (b) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), 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 shall equal the amount specified under subd. 1m. minus $5.15 for each hour that the participant misses work or education or training activities without good cause.

AB133-SSA1, s. 1236c Section 1236c. 49.148 (1) (b) 1m. of the statutes is created to read:

AB133-SSA1,669,10 49.148 (1) (b) 1m. Except as provided in subd. 1., the Wisconsin works agency shall pay a participant in a community service job the following:

AB133-SSA1,669,12 a. For a participant placed in a community service job for not more than 10 hours per week, one-third of the amount specified in subd. 1m. d.

AB133-SSA1,669,15 b. For a participant placed in a community service job for more than 10 hours but not more than 15 hours per week, one-half of the amount specified under subd. 1m. d.

AB133-SSA1,669,18 c. For a participant placed in a community service job for more than 15 hours but not more than 20 hours per week, two-thirds of the amount specified under subd. 1m. d.

AB133-SSA1,669,20 d. For a participant placed in a community service job for more than 20 hours per week, $673.

AB133-SSA1, s. 1237b Section 1237b. 49.148 (1) (b) 2. of the statutes is repealed.

AB133-SSA1, s. 1237m Section 1237m. 49.148 (1m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-SSA1,670,10 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) (c). 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.

AB133-SSA1, s. 1237n Section 1237n. 49.148 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-SSA1,670,22 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.

AB133-SSA1, s. 1237p Section 1237p. 49.148 (2m) of the statutes is created to read:

AB133-SSA1,671,5 49.148 (2m) Pay period. Benefits under this section shall be paid on the first day of each month. The payment shall be for any participation from the 26th day of the month immediately preceding the month that immediately precedes the month in which the payment is made through the 25th day of the month that immediately precedes the month in which the payment is made. The payment may be prorated to account for participation that begins after the start of the payment period, but in any case shall be made not more than 36 days after the participation begins.

AB133-SSA1, s. 1241 Section 1241. 49.155 (1) (aL) of the statutes is created to read:

AB133-SSA1,671,8 49.155 (1) (aL) "Disabled" means physically or mentally incapable of caring for oneself.

AB133-SSA1, s. 1244 Section 1244. 49.155 (1g) (intro.) of the statutes is amended to read:

AB133-SSA1,671,12 49.155 (1g) Distribution of funds. (intro.) Subject to sub. (1j) and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:

AB133-SSA1, s. 1245d Section 1245d. 49.155 (1g) (b) of the statutes is amended to read:

AB133-SSA1,671,25 49.155 (1g) (b) From the appropriation under s. 20.445 (3) (mc), distribute $4,315,000 $8,012,500 in fiscal year 1997-98 1999-2000 and $4,315,000 $7,412,500 in fiscal year 1998-99 2000-01 for the purposes of providing technical assistance for child care providers and of administering the child care program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under sub. (1d), and for a system of rates or a program of grants, as provided under sub. (1d), to reimburse child care providers that meet those quality of care standards and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve the quality of child day care services in this state.

AB133-SSA1, s. 1246 Section 1246. 49.155 (1g) (c) of the statutes is amended to read:

AB133-SSA1,672,7 49.155 (1g) (c) From the appropriation under s. 20.445 (3) (mc), transfer $1,687,400 $3,596,900 in fiscal year 1997-98 1999-2000 and $1,687,400 $3,745,200 in fiscal year 1998-99 2000-01 to the appropriation under s. 20.435 (6) (3) (kx), and transfer $20,700 in fiscal year 1999-2000 and $27,700 in fiscal year 2000-01 to the appropriation under s. 20.435 (8) (kx), for the purpose of day care center licensing under s. 48.65.

AB133-SSA1, s. 1247 Section 1247. 49.155 (1g) (d) of the statutes is created to read:

AB133-SSA1,672,12 49.155 (1g) (d) From the appropriation under s. 20.445 (3) (mc), transfer $182,200 in each fiscal year to the appropriation under s. 20.435 (3) (kx) for the administration of day care programs for foster parents in a county having a population of 500,000 or more.

AB133-SSA1, s. 1248 Section 1248. 49.155 (1m) (intro.) of the statutes is amended to read:

AB133-SSA1,672,18 49.155 (1m) Eligibility. (intro.) A Wisconsin works agency shall determine eligibility for a child care subsidy under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

AB133-SSA1, s. 1249 Section 1249. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB133-SSA1,672,24 49.155 (1m) (a) (intro.) The individual is a parent of a child who is under the age of 13, or, if the child is disabled, is under the age of 19; or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who is under the age of 13, or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following:

AB133-SSA1, s. 1249q Section 1249q. 49.155 (1m) (a) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-SSA1,673,6 49.155 (1m) (a) 3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (b) 1. a. (am) or (5) (bm).

AB133-SSA1, s. 1250 Section 1250. 49.155 (1m) (a) 4. (intro.) of the statutes is amended to read:

AB133-SSA1,673,21 49.155 (1m) (a) 4. (intro.) Participate in other employment skills training If the Wisconsin works agency determines that basic education would facilitate the individual's efforts to obtain or maintain employment, participate in basic education, including an English as a 2nd language course, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain employment; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation ; a course of study at a technical college, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain or maintain employment; or participation in educational courses that provide an employment skill, as determined by the department. An individual may receive aid under this subdivision for up to two 2 years. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:

AB133-SSA1, s. 1251 Section 1251. 49.155 (1m) (a) 4. a. of the statutes is amended to read:

AB133-SSA1,673,24 49.155 (1m) (a) 4. a. The individual has been is employed in unsubsidized employment for 9 consecutive months and continues to be so employed.

AB133-SSA1, s. 1252 Section 1252. 49.155 (1m) (a) 5. of the statutes is created to read:

AB133-SSA1,674,7 49.155 (1m) (a) 5. Participate in a course of study at a technical college, or participate in educational courses that provide an employment skill, as determined by the department, if the Wisconsin works agency determines that the course or courses would facilitate the individual's efforts to obtain or maintain employment. An individual may receive aid under this subdivision for up to 2 years. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:

AB133-SSA1,674,9 a. The individual has been employed in unsubsidized employment for 3 consecutive months and continues to be so employed.

AB133-SSA1,674,10 b. The individual is a participant in a Wisconsin works employment position.

AB133-SSA1, s. 1253 Section 1253. 49.155 (1m) (b) 3. of the statutes is repealed.

AB133-SSA1, s. 1254 Section 1254. 49.155 (1m) (c) 1. of the statutes is renumbered 49.155 (1m) (c) 1. (intro.) and amended to read:

AB133-SSA1,674,21 49.155 (1m) (c) 1. (intro.) The gross income of the individual's family is at or below 165% 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to and 3., except that, in calculating farm and self-employment income, the Wisconsin works agency shall include the sum of the following:

AB133-SSA1, s. 1255 Section 1255. 49.155 (1m) (c) 1. a. of the statutes is created to read:

AB133-SSA1,674,23 49.155 (1m) (c) 1. a. Net earnings reported to the Internal Revenue Service.

AB133-SSA1, s. 1256 Section 1256. 49.155 (1m) (c) 1. b. of the statutes is created to read:

AB133-SSA1,675,3 49.155 (1m) (c) 1. b. Depreciation expenses, personal business and entertainment expenses, personal transportation costs, purchases of capitol equipment and payments on the principal of loans.

AB133-SSA1, s. 1257 Section 1257. 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB133-SSA1,675,9 49.155 (1m) (c) 1g. The individual is a foster parent of the child and the child's biological or adoptive family meets the asset limit under s. 49.145 (3) (a) and has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to and 3.

AB133-SSA1, s. 1258 Section 1258. 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB133-SSA1,675,17 49.155 (1m) (c) 1h. The individual is a relative of the child, is providing care for the child under a court order and is receiving payments under s. 48.57 (3m) on behalf of the child and the child's biological or adoptive family meets the asset limit under s. 49.145 (3) (a) and has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to and 3.

AB133-SSA1, s. 1259 Section 1259. 49.155 (1m) (c) 3. of the statutes is amended to read:

AB133-SSA1,675,25 49.155 (1m) (c) 3. The individual was eligible for a child care subsidy under s. 49.191 (2), 1997 stats., on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

AB133-SSA1, s. 1265 Section 1265. 49.155 (3m) (b) of the statutes is renumbered 49.155 (3m) (b) (intro.) and amended to read:

AB133-SSA1,676,5 49.155 (3m) (b) Not more than 5%, or $20,000, whichever is greater, of Of the funds distributed under par. (a) not more than the greatest of the following may be used for the costs of administering the program under this section .:

AB133-SSA1, s. 1266 Section 1266. 49.155 (3m) (b) 1. of the statutes is created to read:

AB133-SSA1,676,8 49.155 (3m) (b) 1. Five percent of the funds distributed under par. (a) in the current year.

AB133-SSA1, s. 1267 Section 1267. 49.155 (3m) (b) 2. of the statutes is created to read:

AB133-SSA1,676,11 49.155 (3m) (b) 2. Five percent of the funds distributed under par. (a) in the immediately preceding year.

AB133-SSA1, s. 1268 Section 1268. 49.155 (3m) (b) 3. of the statutes is created to read:

AB133-SSA1,676,13 49.155 (3m) (b) 3. Twenty thousand dollars.

AB133-SSA1, s. 1270p Section 1270p. 49.155 (5) of the statutes is amended to read:

AB133-SSA1,676,21 49.155 (5) Liability for payment. An individual is liable for the percentage of the cost of the child care that the department specified by the department in a printed copayment schedule. An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.

AB133-SSA1, s. 1275 Section 1275. 49.161 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-SSA1,677,6 49.161 (1) Trial jobs and wage-paying community service jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) and (b) 2. or 49.19 from an individual who receives or has received benefits paid under s. 49.148 (1) (a) or (b) 2. The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.

AB133-SSA1, s. 1276 Section 1276. 49.161 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-SSA1,677,13 49.161 (2) Grant-paying community Community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) 1. and or (c) or 49.19 from an individual who continues to receive benefits under s. 49.148 (1) (b) 1. and (c) by reducing the amount of the individual's benefit payment by no more than 10%.

AB133-SSA1, s. 1276f Section 1276f. 49.1635 of the statutes is created to read:

AB133-SSA1,677,23 49.1635 Wisconsin Trust Account Foundation. (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) (md) the department shall distribute to the Wisconsin Trust Account Foundation an amount equal to the amount received by the foundation from private donations, but not to exceed $100,000 in each fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.

AB133-SSA1,678,3 (2) The department may not distribute funds under sub. (1) until the Wisconsin Trust Account Foundation reports to the department the amount received by the Wisconsin Trust Account Foundation in private donations.

AB133-SSA1,678,5 (3) If the Wisconsin Trust Account Foundation receives funds under sub. (1), it shall do all of the following:

AB133-SSA1,678,6 (a) Develop a separate account for the funds distributed under sub. (1).

AB133-SSA1,678,10 (b) Require each organization to which the Wisconsin Trust Account Foundation distributes funds received under sub. (1) to match 100% of the amount distributed to that organization that is attributable to the funds received by the Wisconsin Trust Account Foundation under sub. (1).

AB133-SSA1,678,12 (c) Annually, prepare a report for distribution to the joint committee on finance that specifies the organizations that received funding under this section.