SB44: Bill Text

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:

SB44,564,25 49.147 (3) (a) Administration. A Wisconsin works Works agency shall administer a trial job program as part of its administration of the Wisconsin works Works program to improve the employability of individuals who are not otherwise able to obtain unsubsidized employment, as determined by the Wisconsin works Works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works Works agency shall give priority to placement under this subsection over placements under subs. (3m), (4), and (5). The Wisconsin works Works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours which would be required for full-time employment in that month.

SB44, s. 1220 Section 1220. 49.147 (3m) of the statutes is created to read:

SB44,565,13 49.147 (3m) Transitional subsidized private sector jobs. (a) Administration. 1. A Wisconsin Works agency shall administer a transitional subsidized private sector job program as part of its administration of the Wisconsin Works program to improve the employability of individuals who are not otherwise able to obtain unsubsidized employment, as determined by the Wisconsin Works agency. If a Wisconsin Works agency determines for a participant that a placement under sub. (3) is inappropriate, or that an appropriate trial job is unavailable, and that a placement under either this subsection or sub. (4) is appropriate, the participant shall be allowed to choose between a placement under this subsection and a placement under sub. (4), to the extent of the availability of appropriate transitional subsidized private sector jobs and community service jobs. A placement under this subsection shall be given priority over placements under sub. (5).

SB44,565,20 2. If a participant chooses a placement under this subsection, a Wisconsin Works agency shall arrange for a transitional subsidized private sector job, if available, to be offered to the participant at a reasonably accessible location with one or more employers selected under s. 49.146 (2). Job offers under this subsection shall be limited by the number of employers selected under s. 49.146 (2) and the number and types of employment positions available with each employer, as provided in the employer's contract with the department.

SB44,565,24 3. An employer that employs a participant under this subsection shall be reimbursed by the department for up to 100% of the employer's costs that are attributable to employment of the participant, as determined by the department, including any of the following:

SB44,565,25 a. Wages.

SB44,566,1 b. Federal social security taxes.

SB44,566,2 c. State and federal unemployment contributions or taxes, if any.

SB44,566,3 d. Worker's compensation insurance premiums, if any.

SB44,566,4 e. Liability insurance premiums, if any.

SB44,566,6 f. Supervisory costs and other overhead as specified in the employer's contract with the department.

SB44,566,14 (b) Jobs description. 1. To the extent possible, each transitional subsidized private sector job shall be designed by the employer, in consultation with the Wisconsin Works agency and the department, to meet the needs and fit the abilities of the participant to whom the job is offered. Each transitional subsidized private sector job shall involve the performance of useful work. Employers offering transitional subsidized private sector jobs and the department shall consult with labor unions representing public sector employees on the design of transitional subsidized private sector jobs to ensure compliance with s. 49.141 (5).

SB44,566,16 2. The department may design transitional subsidized private sector jobs that do any of the following:

SB44,566,19 a. Allow a participant to work in supported employment, if the Wisconsin Works agency determines that the participant is highly unlikely to be able to obtain or retain unsubsidized employment at a minimum wage.

SB44,566,22 b. Allow a participant to care for a severely disabled child or other relative of the participant, if the Wisconsin Works agency determines that such an arrangement would be cost-effective for taxpayers.

SB44,567,3 (c) Required hours. Unless a different number of hours is recommended on a case-by-case basis by the Wisconsin Works agency in accordance with guidelines established by the department, each transitional subsidized private sector job shall provide at least 25 hours, but not more than 30 hours, of work per week to allow a participant time to continue to search for unsubsidized employment, as required under par. (f).

SB44,567,13 (d) Employer-employee relationship. 1. Except as otherwise provided in this subsection or in a contract between the department and the employer, a participant who accepts a transitional subsidized private sector job with an employer selected under s. 49.146 (2) is an employee of that employer for all purposes and in all respects. The participant shall be supervised in the same manner as the employer's other employees, shall be covered under the employer's worker's compensation coverage, and shall receive his or her paycheck in the same manner as the employer's other employees, with appropriate payroll deductions. The department may require an employer to provide a sick leave benefit to a participant in a transitional subsidized private sector job.

SB44,567,20 2. A participant working in a transitional subsidized private sector job may be terminated from employment by the employer, in accordance with guidelines established by the department, for misconduct, failure to perform work satisfactorily, or repeated unexcused absences from work. A participant who believes that he or she has been wrongfully terminated under this subdivision from a transitional subsidized private sector job may appeal the termination to the department.

SB44,568,5 (e) Time-limited participation. A participant under this subsection may be employed in any one transitional subsidized private sector job for a maximum of 6 months, unless granted an extension by the Wisconsin Works agency. A participant may be employed in more than one transitional subsidized private sector job, and at the conclusion of each assignment under this subsection, the Wisconsin Works agency shall reassess the individual's employability. A participant's employment under this subsection may not exceed 24 months, which 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 on a case-by-case basis if any of the following applies:

SB44,568,6 1. The participant is employed under par. (b) 2. a. or b.

SB44,568,10 2. The participant has made all appropriate job search efforts but 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.

SB44,568,18 (f) Unsubsidized employment search. 1. Except as provided in subd. 2., a participant in a transitional subsidized private sector job shall search for unsubsidized employment throughout his or her participation, including any time during which the participant is pursuing education or training under par. (g). The Wisconsin Works agency shall determine, in accordance with guidelines established by the department, the number of hours that a participant in a transitional subsidized private sector job should reasonably spend searching for unsubsidized employment.

SB44,568,21 2. A Wisconsin Works agency may grant a participant in a transitional subsidized private sector job an exception to the requirement under subd. 1. if any of the following applies:

SB44,568,22 a. The participant is employed under par. (b) 2. a. or b.

SB44,569,2 b. The Wisconsin Works agency determines, in accordance with guidelines established by the department, that the participant has made all appropriate job search efforts but has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant.

SB44,569,9 3. If the Wisconsin Works agency determines that a participant working in a transitional subsidized private sector job is not making satisfactory or good faith efforts to seek unsubsidized employment after having been given appropriate notice by the Wisconsin Works agency, as defined by the department, the participant shall be terminated from his or her employment in the transitional subsidized private sector job. A participant who believes that he or she has been wrongfully terminated under this subdivision may appeal the termination to the department.

SB44,569,14 (g) Education or training substitution. 1. If a participant has been employed in a transitional subsidized private sector job for at least 2 weeks and the employer determines that the participant's work performance has been satisfactory, the participant and the Wisconsin Works agency, in consultation with the employer, may enter into an agreement under which all of the following occur:

SB44,569,17 a. The participant enrolls in an education or training program that the participant and Wisconsin Works agency agree has a high probability of enabling the participant to acquire skills leading to unsubsidized employment.

SB44,569,19 b. The participant's work hours in the transitional subsidized private sector job are reduced to between 15 and 20 hours per week.

SB44,569,22 c. The Wisconsin Works agency pays the participant a stipend equal to 90% of the wages that the participant would have earned in the transitional subsidized private sector job if his or her hours had not been reduced.

SB44,570,2 2. A stipend under subd. 1. c. may not be paid for longer than 3 months, unless the Wisconsin Works agency recommends a longer period in accordance with guidelines established by the department. In no case, however, may the stipend be paid after the participant's employment in the transitional subsidized private sector job terminates.

SB44, s. 1221 Section 1221. 49.147 (4) (a) of the statutes is amended to read:

SB44,570,22 49.147 (4) (a) Administration. A Wisconsin works Works agency shall administer a community service job program as part of its administration of Wisconsin works Works to improve the employability of an individual who is not otherwise able to obtain employment, as determined by the Wisconsin works 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 Works agency shall give placement under this subsection priority over placements under sub. (5). If a Wisconsin Works agency determines that placement is appropriate for a participant under either this subsection or sub. (3m), the participant shall be allowed to choose between a placement under this subsection and a placement under sub. (3m), to the extent of the availability of appropriate transitional subsidized private sector jobs and community service jobs. 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 Works agency shall reassess the individual's employability.

SB44, s. 1222 Section 1222. 49.147 (5) (a) 3. of the statutes is amended to read:

SB44,571,3 49.147 (5) (a) 3. The Wisconsin works Works agency determines that the individual is incapable of performing a trial job, transitional subsidized private sector job, or community service job.

SB44, s. 1223 Section 1223 . 49.147 (6) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is renumbered 49.1471, and 49.1471 (title), (1) (c), (2) (c), (3m) (b) and (4) (intro.), as renumbered, are amended to read:

SB44,571,7 49.1471 (title) Job Wisconsin Works; job access loan loans.

SB44,571,10 (1) (c) The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or , wage, or stipend overpayments under this section Wisconsin Works.

SB44,571,14 (2) (c) The terms and conditions of repayment. The rules promulgated under this subdivision paragraph shall provide for repayment by performance of in-kind services. The rules shall establish criteria that the Wisconsin works Works agency shall use to approve in-kind repayment of loans.

SB44,571,17 (3m) (b) Subdivision 1. Paragraph (a) applies to delinquent repayments existing on or after the effective date of this subdivision paragraph .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.

SB44,571,21 (4) Minor custodial parents. (intro.) An individual who would be eligible for a job access loan under par. (a) sub. (1), except that the individual has not attained the age of 18, is eligible under this paragraph subsection if the individual meets the following requirements:

SB44, s. 1224 Section 1224. 49.147 (6) (c) of the statutes is amended to read:

SB44,572,2 49.147 (6) (c) Distribution and administration. From the appropriations under s. 20.445 (3) (e) (dz), (jL), and (md), the department shall distribute funds for job access loans to a Wisconsin works Works agency, which shall administer the loans in accordance with rules promulgated by the department.

SB44, s. 1225 Section 1225. 49.147 (6) (cm) of the statutes is created to read:

SB44,572,11 49.147 (6) (cm) Collection of delinquent repayments. 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.

SB44,572,14 2. Subdivision 1. applies to delinquent repayments existing on or after the effective date of this subdivision .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.

SB44, s. 1226 Section 1226. 49.148 (1) (intro.) of the statutes is amended to read:

SB44,572,18 49.148 (1) Benefit levels and wages for participants in employment positions. (intro.) A participant in a Wisconsin works Works employment position shall receive the following benefits or wages:

SB44, s. 1227 Section 1227. 49.148 (1) (am) of the statutes is created to read:

SB44,572,22 49.148 (1) (am) Transitional subsidized private sector jobs. For a participant in a transitional subsidized private sector job, the prevailing federal minimum wage for hours actually worked, paid by the participant's employer.

SB44, s. 1228 Section 1228. 49.148 (1) (b) 1. of the statutes is amended to read:

SB44,573,10 49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4), a monthly grant of $673, paid by the Wisconsin works Works agency. 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) 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 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.

SB44, s. 1229 Section 1229. 49.148 (1m) (a) of the statutes is amended to read:

SB44,573,25 49.148 (1m) (a) A person who meets the eligibility requirements under s. 49.145 (2) and (3) and who is a custodial parent of a child who is 12 weeks 6 months 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 Works group is participating in, or is eligible to participate in, a Wisconsin works Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works Works agency may not require a participant under this subsection to participate in any Wisconsin Works employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.

SB44, s. 1230 Section 1230. 49.148 (1m) (b) of the statutes is renumbered 49.148 (1m) (b) 2. and amended to read:

SB44,574,12 49.148 (1m) (b) 2. Receipt of a grant under this subsection constitutes participation in a Wisconsin works Works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (3m) (e), (4) (b), 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 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.

SB44, s. 1231 Section 1231. 49.148 (1m) (b) 1. of the statutes is created to read:

SB44,574,19 49.148 (1m) (b) 1. 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), (3m) (e), (4) (b), or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin Works employment position.

SB44, s. 1232 Section 1232. 49.148 (4) (a) of the statutes is amended to read:

SB44,575,12 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a transitional subsidized private sector job, community service job, or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use, or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that a participant in a community service job or a transitional placement not more than 15%, and shall decrease the number of hours that a participant in a transitional subsidized private sector job may work by up to 15%, for not fewer than 12 months, or for the remainder of the participant's period of participation in a transitional subsidized private sector job, community service job, or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a transitional subsidized private sector job, community service job, or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction in benefits or work hours under this paragraph.

SB44, s. 1233 Section 1233. 49.148 (4) (b) of the statutes is amended to read:

SB44,575,18 49.148 (4) (b) The Wisconsin works Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (as) or (5) (bs) or as a condition of employment in the transitional subsidized private sector job.

SB44, s. 1234 Section 1234. 49.149 (intro.) of the statutes is repealed.

SB44, s. 1235 Section 1235. 49.149 (1) of the statutes is renumbered 49.1465 (2) (a).