AB591: Bill Text

AB591,40,7 (3) Performance standards. The department shall promulgate a rule 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.

AB591,40,9 (4) Audits. The department may require a Wisconsin works agency to submit to an independent annual audit paid for by the Wisconsin works agency.

AB591,40,16 (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 disclose information obtained under this paragraph only in the administration of Wisconsin works.

AB591,40,21 (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.

AB591,40,24 (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.

AB591,41,5 (6) Geographical areas. The department shall determine the geographical area for which a Wisconsin works agency will administer Wisconsin works. Except 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, s. 70 Section 70. 49.145 of the statutes is created to read:

AB591,41,13 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.

AB591,41,16 (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:

AB591,41,17 (a) The individual is a custodial parent.

AB591,41,18 (b) The individual has attained the age of 18.

AB591,41,20 (c) The individual is a U.S. citizen or a qualifying alien, as defined by the department by rule.

AB591,41,24 (d) The individual has resided in this state for at least 60 consecutive days prior to applying under s. 49.141 (3) and has demonstrated an intent to continue to reside in this state. This paragraph does not apply to a migrant worker, unless the migrant worker is applying for a job access loan.

AB591,42,6 (f) 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.

AB591,42,10 (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.

AB591,42,14 (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.

AB591,42,16 (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB591,42,17 (j) On the last day of the month, the individual is not participating in a strike.

AB591,42,19 (k) The individual applies for or provides a social security account number as required by the department.

AB591,42,21 (L) The individual satisfies other eligibility criteria established by the department.

AB591,42,23 (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.

AB591,43,8 (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 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 counts toward the 60-month limit beginning on the effective date of this paragraph .... [revisor inserts date]. A Wisconsin works agency may waive the requirements under this paragraph 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.

AB591,43,12 (p) 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.

AB591,43,15 (q) No other individual in the Wisconsin works group is a participant in a Wisconsin works employment position. This paragraph does not apply to an individual applying for a job access loan.

AB591,43,18 (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:

AB591,43,23 (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 automobiles up to a total equity value of $10,000, and one home that serves as the homestead for the Wisconsin works group.

AB591,44,2 (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:

AB591,44,7 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.

AB591,44,9 2. Child support payments received on behalf of a child who is a member of the Wisconsin works group.

AB591,44,14 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. If the spouse is the stepparent of the individual's dependent child, the income of the spouse does not include any amount of court-ordered support actually paid for anyone who does not reside in the home.

AB591,44,19 (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, s. 71 Section 71. 49.146 of the statutes is created to read:

AB591,44,25 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, s. 72 Section 72. 49.147 of the statutes is created to read:

AB591,45,5 49.147 Wisconsin works; work programs and job access loans. (1) General provisions. (a) Definition. In this section, "unsubsidized employment" means employment for which the Wisconsin works agency provides no wage subsidy to the employer.

AB591,45,9 (b) Required hours. The Wisconsin works agency shall determine the maximum number of hours a participant may be required to work in a community service job or transitional placement in accordance with criteria established by the department by rule, not to exceed 40 hours per week.

AB591,45,17 (2) Unsubsidized employment. (a) Job search, orientation and training activities. 1. An individual who applies for a Wisconsin works employment position may be required by the Wisconsin works agency to search for unsubsidized employment during the period that his or her application is being processed as a condition of eligibility. A participant in a Wisconsin works employment position shall search for unsubsidized employment throughout his or her participation. The department shall define by rule satisfactory search efforts for unsubsidized employment.

AB591,45,23 2. A Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation during the period that his or her application is being processed as a condition of eligibility. A Wisconsin works agency may require a participant in a Wisconsin works employment position to engage in training activities in accordance with rules promulgated by the department as part of the participant's participation requirements.

AB591,46,2 (b) Job search assistance. A Wisconsin works agency shall assist a participant in his or her search for unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in unsubsidized employment over placements under subs. (3) to (5).

AB591,46,8 (3) Trial jobs. (a) Administration. A Wisconsin works agency shall administer a trial job program as part of its administration of the Wisconsin works program. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement under this subsection over placements under subs. (4) and (5). The Wisconsin works agency shall pay a wage subsidy, determined by the department by rule, to an employer that employs a participant under this subsection.

AB591,46,10 (b) Worker's compensation. The employer shall provide the participant with worker's compensation coverage.

AB591,46,21 (c) Time-limited participation. A participant under this subsection may participate in a trial job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances determined by the department. A participant may participate in more than one trial 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 of the 24-month limit if the participant 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 job opportunity for that participant, as determined by a Wisconsin works agency and approved by the department.

AB591,47,10 (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 individuals who are not otherwise able to obtain employment, as determined by the Wisconsin works agency, by providing work experience and training to assist them 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.

AB591,47,24 (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 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.

AB591,48,4 (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 agrees to provide worker's compensation coverage.

AB591,48,8 (5) Transitional placement. (a) Additional eligibility criteria. An individual is eligible to participate in a transitional placement under this subsection if, in addition to meeting the eligibility requirements under s. 49.145, any of the following conditions is met with respect to the individual:

AB591,48,11 1. The Wisconsin works agency determines, on the basis of an independent assessment by the division of vocational rehabilitation or similar agency or business, that the individual has been incapacitated for a period of at least 60 days.

AB591,48,14 2. The Wisconsin works agency determines that the individual is needed in the home because of the illness or incapacity of another member of the Wisconsin works group.

AB591,48,16 3. The Wisconsin works agency determines that the individual is incapable of performing a trial job or community service job.

AB591,48,20 (b) Administration. 1. The Wisconsin works agency shall assign a participant under this subsection to work activities such as a sheltered workshop, a job similar to a community service job or a volunteer activity. A Wisconsin works agency may require a participant under this subsection to participate in any of the following:

AB591,48,22 a. An alcohol and other drug abuse evaluation, assessment and treatment program.

AB591,48,23 b. A training or education program, as defined by the department by rule.

AB591,48,24 c. Mental health activities, as defined by the department by rule.

AB591,48,25 d. Counseling or physical rehabilitation activities.

AB591,49,2 e. Other activities that the Wisconsin works agency determines are consistent with the capabilities of the individual.

AB591,49,6 2. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case-by-case basis by the department or by the Wisconsin works agency with the approval of the department.

AB591,49,10 (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 agrees to provide worker's compensation coverage.

AB591,49,13 (6) Job access loan. (a) Additional eligibility criteria. An individual is eligible to receive a job access loan if, in addition to meeting the eligibility requirements under s. 49.145, all of the following conditions are met with respect to the individual:

AB591,49,16 1. The individual needs the loan to address an immediate and discrete financial crisis. The crisis may not be the result of the individual's failure to accept a bona fide offer of employment or the individual's termination of a job without good cause.

AB591,49,17 2. The individual needs the loan to obtain or continue employment.

AB591,49,19 3. The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or wage overpayments under this section.

AB591,49,21 (b) Terms. The department shall promulgate rules establishing the terms of any job access loan, including all of the following:

AB591,49,22 1. The maximum and minimum loan amounts in any 12-month period.

AB591,49,23 2. The method of loan disbursement.

AB591,49,24 3. The terms of repayment.

AB591,49,25 4. The interest, if any, to be paid on the loan.

AB591,50,4 (c) Distribution and administration. From the appropriation under s. 20.445 (3) (dz), 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.

AB591,50,7 (d) Minor custodial parents. An individual who would be eligible for a job access loan under par. (a), except that the individual has not attained the age of 18, is eligible under this paragraph if the individual meets the following requirements:

AB591,50,9 1. The individual is in an out-of-home placement or independent living arrangement supervised by an adult, as defined by the department.

AB591,50,12 2. The individual has graduated from high school or has met the standards established by the secretary of education for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4).

AB591,50,14 3. The individual will be 18 years old within 2 months after applying for the job access loan.

AB591, s. 73 Section 73. 49.148 of the statutes is created to read:

AB591,50,18 49.148 Wisconsin works; benefits for participants in employment positions. (1) Benefit levels. A participant in a Wisconsin works employment position shall receive the following benefits:

AB591,50,22 (a) Trial jobs. For a participant in a trial job, minimum wage for every hour actually worked in the trial job and for every hour the participant engaged in required training activities under s. 49.147 (2) (a) 2., not to exceed 40 hours per week paid by the employer.

AB591,51,4 (b) Community service jobs. 1. For a participant in a community service job, a grant equal to 75% of the minimum wage computed for one month of full-time employment, paid biweekly on a prorated basis by the Wisconsin works agency. For every hour that the participant misses work without good cause, the Wisconsin works agency shall reduce the grant amount by an amount equal to 75% of minimum wage computed for one hour. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department.

AB591,51,9 2. A participant who is a custodial parent of a child who is 12 weeks old or less may receive a monthly grant under this paragraph equal to 75% of minimum wage computed for a month of full-time employment. A Wisconsin works agency may not require a participant under this subdivision to participate in any employment activities.

AB591,51,19 (c) Transitional placements. For a participant in a transitional placement, a grant equal to 70% of the minimum wage computed for one month of full-time employment, paid monthly by the Wisconsin works agency. 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 by an amount equal to 70% of minimum wage computed for one hour. No grant may be paid for a month in which the participant fails to participate for more than 75% of the required hours without good cause. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department.

AB591,51,22 (2) Benefit review. Notwithstanding sub. (1), the department may promulgate rules establishing benefit levels for participants in Wisconsin works employment positions that are different from those specified under sub. (1).

AB591, s. 74 Section 74. 49.149 of the statutes is created to read:

AB591,51,25 49.149 Wisconsin works; education and training. A Wisconsin works agency shall do all of the following:

AB591,52,3 (1) Establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule.

AB591,52,5 (2) Provide participants in a Wisconsin works employment position with soft-skills and life-skills training, as defined by the department by rule.

AB591,52,7 (3) Encourage employers to make training sites available on the business site for participants.

AB591,52,10 (4) Work with the department of commerce to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch. VI of ch. 560.

AB591, s. 75 Section 75. 49.151 of the statutes is created to read:

AB591,52,19 49.151 Wisconsin works; sanctions. A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant refuses to participate in a Wisconsin works employment position component if the participant does any of the following:

AB591,52,21 (1) Expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.

AB591,52,25 (2) Fails to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e., without good cause, as determined by the Wisconsin works agency.

AB591,53,2 (3) Voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.