SB44: Bill Text

SB44, s. 1177 Section 1177. 46.90 (4) (b) 2. b. of the statutes is amended to read:

SB44,552,3 46.90 (4) (b) 2. b. Any employee of an employer not described in subd. 2. a. who is discharged or otherwise discriminated against may file a complaint with the department of workforce development under s. 106.54 (5).

SB44, s. 1178 Section 1178. 46.90 (4) (b) 2. c. of the statutes is amended to read:

SB44,552,7 46.90 (4) (b) 2. c. Any person not described in this subd. 2. a. or b. who is retaliated or discriminated against in violation of subd. 1. may commence an action in circuit court for damages incurred as a result of the violation.

SB44, s. 1179 Section 1179. 46.93 of the statutes is repealed.

SB44, s. 1180 Section 1180. 46.973 (3) of the statutes is amended to read:

SB44,552,15 46.973 (3) The department may accept, receive, administer, and expend any money, material, or other gifts or grants of any description for purposes related to those set forth in this section. Moneys and grants received under this section shall be deposited with the state treasurer secretary of administration and shall be credited to the department under s. 20.435 (2) (i) and expended by the department or the state council on alcohol and other drug abuse for the purposes specified.

SB44, s. 1181 Section 1181. 46.99 (2) (a) (intro.) of the statutes is amended to read:

SB44,552,23 46.99 (2) (a) (intro.) From the appropriations under s. 20.435 (3) (eg), (km) and (nL), the department shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,199,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:

SB44, s. 1182 Section 1182. 46.995 (1m) of the statutes is amended to read:

SB44,553,5 46.995 (1m) Tribal adolescent services allocations. From the appropriation account under s. 20.435 (3) (km), the department may allocate $195,000 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $15,000 $210,000 in each fiscal year to provide the grants specified in subs. (2), (3) (b), and (4m) (b).

SB44, s. 1183 Section 1183. 46.997 (2) (b) of the statutes is amended to read:

SB44,553,23 46.997 (2) (b) The department of health and family services shall award the grants under par. (a) on a competitive basis and according to request-for-proposal procedures that the department of health and family services shall prescribe in consultation with the department of workforce development, the adolescent pregnancy prevention and pregnancy services board, local health departments, as defined in s. 250.01 (4), and other providers of services to eligible persons. Those request-for-proposal procedures shall include a requirement that a private agency that applies for a grant under par. (a) include in its grant application proof that the private agency has the cultural competency to provide services under the grant to persons and families in the various cultures in the private agency's target population and that cultural competency is incorporated in the private agency's policies, administration, and practices. In awarding the grants under par. (a), the department of health and family services shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2nd-chance home by court order.

SB44, s. 1184 Section 1184. 47.02 (6) (a) of the statutes is amended to read:

SB44,554,3 47.02 (6) (a) From the appropriation under s. 20.445 (5) (bm) (a), provide financial aid to any person with a disability who is receiving vocational rehabilitation training and who has no other source of aid.

SB44, s. 1185 Section 1185. 47.03 (4) (b) of the statutes is amended to read:

SB44,554,11 47.03 (4) (b) The department may charge a portion of the expenses of its supervised business enterprise program to the net proceeds of each business operating under the program. The department shall establish the procedure for setting these charges by rule, with the participation of a committee of blind vendors established under 20 USC 107b-1. The department shall deposit the moneys from the charges made under this paragraph in the appropriations appropriation accounts under ss. 20.435 (7) (kd) and s. 20.445 (5) (h) and (he).

SB44, s. 1186 Section 1186. 47.03 (7) of the statutes is amended to read:

SB44,554,21 47.03 (7) If the department decides that a business under sub. (4) would not be feasible and profitable in any state building, the department may contract with vending machine operators to install vending machines in the building, giving preference to blind operators of vending machines. The department may, under the procedures established as required under sub. (4) (b), charge the net proceeds of each business operating under this subsection. The department shall deposit the moneys from the charges made under this subsection in the appropriations appropriation account under s. 20.445 (5) (h) and (hd) and shall disburse the proceeds to provide services to blind persons under sub. (4) in accordance with 20 USC 107 to 107f.

SB44, s. 1187 Section 1187. 47.03 (11) (e) of the statutes is amended to read:

SB44,555,2 47.03 (11) (e) The department shall distribute at least $218,600 from the appropriations in s. 20.445 (5) (bm) (a) and (na) (n) in each fiscal year for homecraft services relating to the marketing and distribution of homecraft products for each client who participates in the homecraft program.

SB44, s. 1188 Section 1188. 48.275 (2) (d) of the statutes is amended to read:

SB44,555,12 48.275 (2) (d) 1. In a county having a population of less than 500,000, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer secretary of administration. Payments transmitted to the state treasurer secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

SB44,555,18 2. In a county having a population of 500,000 or more, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the state treasurer secretary of administration, who shall deposit the amount paid in the general fund and credit 25% of the amount paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the appropriation account under s. 20.550 (1) (L).

SB44, s. 1189 Section 1189. 48.715 (3) (a) 3. of the statutes is amended to read:

SB44,556,2 48.715 (3) (a) 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1190 Section 1190. 48.985 (2) of the statutes is amended to read:

SB44,556,10 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,964,400 $3,809,600 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.

SB44, s. 1191 Section 1191. 49.015 (2) of the statutes is amended to read:

SB44,556,19 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or has participated in a Wisconsin works Works employment position under s. 49.147 (3) to (5), as defined in s. 49.141 (1) (r), or in which aid to families with dependent children, supplemental security income benefits, or a Wisconsin works Works employment position is immediately available to the individual.

SB44, s. 1192 Section 1192. 49.13 (2) (cm) of the statutes is amended to read:

SB44,557,2 49.13 (2) (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works Works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received under s. 49.148. The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin Works employment position under s. 49.147 (3m) shall be calculated based on the participant's gross wages under s. 49.148 (1) (am) and stipend, if any, under s. 49.147 (3m) (g), as reduced under s. 49.148 (4), if relevant.

SB44, s. 1193 Section 1193. 49.136 (2) (b) of the statutes is amended to read:

SB44,557,10 49.136 (2) (b) The department shall attempt to award grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employees, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children, and child care providers that employ participants or former participants in a Wisconsin works Works employment position under s. 49.147 (3) to (5), as defined in s. 49.141 (1) (r).

SB44, s. 1194 Section 1194. 49.138 (1m) (intro.) of the statutes is amended to read:

SB44,558,2 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) (dz) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster, or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

SB44, s. 1195 Section 1195. 49.141 (1) (e) of the statutes is amended to read:

SB44,558,5 49.141 (1) (e) "Job access loan" means a loan administered under s. 49.147 (6) 49.1471.

SB44, s. 1196 Section 1196. 49.141 (1) (mc) of the statutes is created to read:

SB44,558,8 49.141 (1) (mc) "Transitional subsidized private sector job" means a work component of Wisconsin Works administered under s. 49.147 (3m).

SB44, s. 1197 Section 1197. 49.141 (1) (o) of the statutes is created to read:

SB44,558,13 49.141 (1) (o) "Unsubsidized employment" means employment for which the department or a Wisconsin Works agency provides no wage subsidy or reimbursement to the employer, including self-employment and entrepreneurial activities.

SB44, s. 1198 Section 1198. 49.141 (1) (om) of the statutes is created to read:

SB44,558,15 49.141 (1) (om) "Wages" has the meaning given in s. 109.01 (3).

SB44, s. 1199 Section 1199. 49.141 (4) of the statutes is amended to read:

SB44,558,19 49.141 (4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works Works, an individual is not entitled to services, employment, or benefits under Wisconsin works Works.

SB44, s. 1200 Section 1200. 49.141 (5) (a) of the statutes is amended to read:

SB44,558,23 49.141 (5) (a) Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under s. 49.147 (3), (4) or (5).

SB44, s. 1201 Section 1201. 49.143 (2) (a) 4. of the statutes is amended to read:

SB44,559,3 49.143 (2) (a) 4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial jobs, transitional subsidized private sector jobs, or community service jobs.

SB44, s. 1202 Section 1202. 49.143 (2) (a) 5. of the statutes is amended to read:

SB44,559,7 49.143 (2) (a) 5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial jobs, transitional subsidized private sector jobs, or community service jobs.

SB44, s. 1203 Section 1203. 49.143 (2) (a) 6. of the statutes is amended to read:

SB44,559,13 49.143 (2) (a) 6. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are eligible for trial jobs, transitional subsidized private sector jobs, or community service jobs.

SB44, s. 1204 Section 1204. 49.143 (2) (f) of the statutes is renumbered 49.143 (2) (g) and amended to read:

SB44,559,18 49.143 (2) (g) Perform any other tasks specified by the department in the contract that the department determines are necessary for the administration of Wisconsin works Works.

SB44, s. 1205 Section 1205. 49.143 (2) (fm) of the statutes is created to read:

SB44,559,23 49.143 (2) (fm) Provide to every participant in a transitional subsidized private sector job information about and assistance in obtaining any work supports for which the participant is eligible, such as child care, health insurance, and income tax credits and refunds.

SB44, s. 1206 Section 1206. 49.143 (3g) (a) 4. of the statutes is amended to read:

SB44,560,2 49.143 (3g) (a) 4. Wages and benefits earned in unsubsidized employment by former participants in Wisconsin works Works employment positions.

SB44, s. 1207 Section 1207. 49.145 (1) of the statutes is amended to read:

SB44,560,10 49.145 (1) General eligibility. In order to be eligible for a Wisconsin works Works employment positions and position or job access loans loan 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.

SB44, s. 1208 Section 1208. 49.145 (2) (i) of the statutes is amended to read:

SB44,560,22 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775. The department may require an individual who receives a stipend under s. 49.147 (3m) (g) or benefits under s. 49.148 and who has applied for supplemental security income under 42 USC 1381 to 1383c to authorize the federal social security administration to reimburse the department for the stipend paid to the individual under s. 49.147 (3m) (g) or the benefits paid to the individual under s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.

SB44, s. 1209 Section 1209. 49.145 (2) (s) of the statutes is amended to read:

SB44,561,19 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 Works stipend or benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin works Works stipend or benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit who are not beneficiaries under Wisconsin works 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 Works stipend or benefit in the amount that is the proportionate share of the minor receiving the benefit who is the beneficiary under Wisconsin works 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 the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive the stipend or benefits under Wisconsin works 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 Works shall be paid to the individual applying for or participating in Wisconsin works Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

SB44, s. 1210 Section 1210. 49.145 (3) (b) 1. of the statutes is amended to read:

SB44,562,4 49.145 (3) (b) 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), any student financial aid received under any federal or state program, any scholarship used for tuition and books, any wages received under s. 49.148 (1) (am) or stipend received under s. 49.147 (3m) (g), and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.

SB44, s. 1211 Section 1211. 49.146 (title) of the statutes is amended to read:

SB44,562,6 49.146 (title) Employer criteria and selection.

SB44, s. 1212 Section 1212. 49.146 of the statutes is renumbered 49.146 (1) and amended to read:

SB44,562,14 49.146 (1) Eligibility criteria. The Subject to sub. (2), the department shall establish by rule criteria that an employer providing a Wisconsin works 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 subsection is ineligible to receive any subsidy or reimbursement of costs for any position provided to a participant.

SB44, s. 1213 Section 1213. 49.146 (2) of the statutes is created to read:

SB44,562,22 49.146 (2) Selection of employers for transitional subsidized jobs. To be eligible to employ a participant under s. 49.147 (3m), an employer must be selected by the department under this subsection. The department shall request from employers proposals for employing participants under s. 49.147 (3m). The department shall select, and enter into contracts with, employers that meet the criteria established under sub. (1) and that demonstrate the ability to do all of the following:

SB44,562,23 (a) Create useful transitional subsidized private sector jobs.

SB44,562,24 (b) Provide effective supervision for participants.

SB44,562,25 (c) Manage payroll, taxes, and other financial matters in a responsible manner.

SB44,563,3 (d) Coordinate closely and cooperatively with a Wisconsin Works agency in moving participants employed by the employer under s. 49.147 (3m) into stable unsubsidized employment as quickly as possible.

SB44,563,4 (e) Comply in all respects with the Wisconsin Works program.

SB44, s. 1214 Section 1214. 49.1465 of the statutes is created to read:

SB44,563,16 49.1465 Education and training. (1) Educational needs assessment. A Wisconsin Works agency shall conduct an educational needs assessment of each individual who applies for a Wisconsin Works employment position. If the individual and the Wisconsin Works agency determine that the individual needs, or would benefit from, education or training activities, 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, the Wisconsin Works agency shall include education or training activities in any employability plan developed for the individual. The Wisconsin Works agency shall pay, or arrange for payment, for the education or training services identified in the employability plan to the extent that funds are available.

SB44,563,18 (2) Program and employer coordination. A Wisconsin Works agency shall do all of the following:

SB44, s. 1215 Section 1215. 49.147 (title) of the statutes is amended to read:

SB44,563,21 49.147 (title) Wisconsin works Works; work programs and job access loans.

SB44, s. 1216 Section 1216. 49.147 (1) of the statutes is repealed.

SB44, s. 1217 Section 1217. 49.147 (1m) of the statutes is repealed.

SB44, s. 1218 Section 1218. 49.147 (2) (a) 1. of the statutes is amended to read:

SB44,564,7 49.147 (2) (a) 1. An individual who applies for a Wisconsin works Works employment position may be required by the Wisconsin works Works agency to search for unsubsidized employment during the period that his or her application is being processed as a condition of eligibility. A Subject to sub. (3m) (f) 2., a participant in a Wisconsin works 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.

SB44, s. 1219 Section 1219. 49.147 (3) (a) of the statutes is amended to read: