SB40: Bill Text

SB40,654,5 49.11 (2) "Secretary" means the secretary of workforce development children and families.

SB40, s. 1397 Section 1397. 49.13 (title) of the statutes is renumbered 49.79 (9) (title).

SB40, s. 1398 Section 1398. 49.13 (1) of the statutes is repealed.

SB40, s. 1399 Section 1399. 49.13 (2) (a) of the statutes is renumbered 49.79 (9) (a) 1. and amended to read:

SB40,654,20 49.79 (9) (a) 1. The department shall contract with the department of health and family services as provided under s. 49.79 (10) to administer an employment and training program for recipients under the food stamp program and may contract under s. 49.78 with county departments under ss. 46.215, 46.22, and 46.23, and with tribal governing bodies to carry out the administrative functions. The department may contract, or a county department or tribal governing body may subcontract, with a Wisconsin works Works agency or another provider to administer the employment and training program under this subsection. Except as provided in pars. (b) and (bm) subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works Works employment position to participate in the employment and training program under this subsection.

SB40, s. 1400 Section 1400. 49.13 (2) (b) of the statutes is renumbered 49.79 (9) (a) 2. and amended to read:

SB40,655,2 49.79 (9) (a) 2. The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a) this subsection.

SB40, s. 1401 Section 1401. 49.13 (2) (bm) of the statutes is renumbered 49.79 (9) (a) 3. and amended to read:

SB40,655,9 49.79 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under par. (a) this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program , or an institution of higher education.

SB40, s. 1402 Section 1402. 49.13 (2) (cm) of the statutes is renumbered 49.79 (9) (a) 4.

SB40, s. 1403 Section 1403. 49.13 (2) (d) of the statutes is renumbered 49.79 (9) (a) 5. and amended to read:

SB40,655,22 49.79 (9) (a) 5. A participant in an employment and training program under this section subsection administered by the department is an employee of the department 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. A participant in an employment and training program under this section subsection administered by a Wisconsin works Works agency or another provider is an employee of the Wisconsin works Works agency or other provider 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.

SB40, s. 1404 Section 1404. 49.13 (3) (intro.) of the statutes is renumbered 49.79 (9) (b) (intro.) and amended to read:

SB40,656,3 49.79 (9) (b) (intro.) An individual who fails to comply with the work requirements under sub. (2) par. (a) without good cause is ineligible to participate in the food stamp program under s. 49.79 as follows:

SB40, s. 1405 Section 1405. 49.13 (3) (a) of the statutes is renumbered 49.79 (9) (b) 1. and amended to read:

SB40,656,8 49.79 (9) (b) 1. For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40, s. 1406 Section 1406. 49.13 (3) (b) of the statutes is renumbered 49.79 (9) (b) 2. and amended to read:

SB40,656,13 49.79 (9) (b) 2. For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40, s. 1407 Section 1407. 49.13 (3) (c) of the statutes is renumbered 49.79 (9) (b) 3. and amended to read:

SB40,656,18 49.79 (9) (b) 3. For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40, s. 1408 Section 1408. 49.138 (1m) (intro.) of the statutes is amended to read:

SB40,657,8 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) 20.437 (2) (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 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. 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:

SB40, s. 1409 Section 1409. 49.143 (2) (b) of the statutes is amended to read:

SB40,657,21 49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06 49.17; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

SB40, s. 1410 Section 1410. 49.147 (3m) of the statutes is created to read:

SB40,658,2 49.147 (3m) Real work, real pay pilot project. (a) Administration and evaluation. Except as provided in par. (d), the department shall conduct and evaluate a real work, real pay pilot project from January 1, 2008, to December 31, 2009.

SB40,658,7 (b) Eligibility and project limits. 1. Except as specifically provided in this subsection, all general and nonfinancial eligibility requirements under s. 49.145 apply to participants under this subsection, and all requirements under sub. (3), as they apply to Wisconsin Works agencies, employers, and participants, apply to Wisconsin Works agencies, employers, and participants under this subsection.

SB40,658,11 2. The project shall be limited to 500 individuals and shall be conducted in at least one of the geographical areas established by the department under s. 49.143 (6) that is in Milwaukee County and in at least 2 of those geographical areas that are not in Milwaukee County.

SB40,658,20 (c) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay an employer that employs a participant under this subsection a monthly wage subsidy that does not exceed the federal minimum wage for no more than 30 hours of work per week. Worksite training activities prescribed by the employer that are consistent with training provided to other employees at the worksite are considered work for purposes of calculating the wage subsidy under this paragraph. In addition to the wage subsidy, the Wisconsin Works agency shall reimburse the employer for up to 100 percent of all of the following costs that are attributable to employment of the participant:

SB40,658,21 1. Federal social security taxes.

SB40,658,22 2. State and federal unemployment contributions or taxes, if any.

SB40,658,23 3. Worker's compensation insurance premiums, if any.

SB40,659,5 (d) Time-limited participation and payment extension. An individual may participate in the project under this subsection for a maximum of 6 months, with an opportunity for an extension of up to 3 months. Notwithstanding the ending date for the project, payments under par. (c) for any participant who is accepted into the project before December 31, 2009, shall be made until the participant completes his or her 6-month participation period or any extension to it already commenced before that date.

SB40,659,9 (e) Mentors and stipends. The Wisconsin Works agency and employer of a participant under this subsection shall work together to find a mentor for the participant at the participant's work site. The Wisconsin Works agency shall pay each mentor a monthly stipend of $50.

SB40,659,18 (f) Employer effort to retain, refer, or evaluate participant. An employer that employs a participant under this subsection and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends if the participant successfully completes participation in the project under this subsection. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency a written performance evaluation of the participant, including recommendations for improvements.

SB40, s. 1411 Section 1411. 49.147 (6) (c) of the statutes is amended to read:

SB40,659,23 49.147 (6) (c) Distribution and administration. From the appropriation under s. 20.445 (3) 20.437 (2) (jL), 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.

SB40, s. 1412 Section 1412. 49.147 (6) (cm) 1. of the statutes is amended to read:

SB40,660,8 49.147 (6) (cm) 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) 20.437 (2) (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.

SB40, s. 1413 Section 1413. 49.148 (1m) (title) of the statutes is amended to read:

SB40,660,10 49.148 (1m) (title) Custodial parent of infant; unmarried, pregnant woman.

SB40, s. 1414 Section 1414. 49.148 (1m) (a) (intro.) of the statutes is created to read:

SB40,660,13 49.148 (1m) (a) (intro.) Any of the following may receive a monthly grant of $673:

SB40, s. 1415 Section 1415. 49.148 (1m) (a) of the statutes is renumbered 49.148 (1m) (a) 1. and amended to read:

SB40,660,22 49.148 (1m) (a) 1. A An individual who meets the eligibility requirements under s. 49.145 (2) and (3) and who is a custodial parent of a child who is 12 26 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 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).

SB40,661,4 (bm) A Wisconsin works 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) 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.

SB40, s. 1416 Section 1416. 49.148 (1m) (a) 2. of the statutes is created to read:

SB40,661,10 49.148 (1m) (a) 2. An unmarried woman who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child and who is in the 3rd trimester of a pregnancy that is medically verified and that is shown by medical documentation to be at risk and to render the woman unable to participate in the workforce.

SB40, s. 1417 Section 1417. 49.148 (1m) (b) of the statutes is renumbered 49.148 (1m) (c) 1. and amended to read:

SB40,661,23 49.148 (1m) (c) 1. Receipt of a grant under this subsection by a participant under par. (a) 1. 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), (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 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 in violation of s. 948.02 or 948.025 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.

SB40, s. 1418 Section 1418. 49.148 (1m) (c) (intro.) of the statutes is created to read:

SB40,662,2 49.148 (1m) (c) (intro.) For purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:

SB40, s. 1419 Section 1419. 49.148 (1m) (c) 2. of the statutes is created to read:

SB40,662,6 49.148 (1m) (c) 2. Receipt of a grant under this subsection by a participant under par. (a) 2. does not constitute participation in a Wisconsin Works employment position.

SB40, s. 1420 Section 1420. 49.155 (1g) (b) of the statutes is amended to read:

SB40,662,14 49.155 (1g) (b) From the appropriations under s. 20.445 (3) 20.437 (2) (cm), (kx), and (mc), distribute $5,488,500 in each fiscal year for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (4m), for a child care scholarship and bonus program, for administration of the department's office of child care and for the department's share of the costs for the Child Care Information Center operated by the division for libraries, technology, and community learning in the department of public instruction.

SB40, s. 1421 Section 1421. 49.155 (1g) (c) of the statutes is amended to read:

SB40,662,19 49.155 (1g) (c) From the appropriation account under s. 20.445 (3) (mc), transfer $4,438,200 $5,236,800 in fiscal year 2005-06 2007-08 and $4,440,500 $5,245,500 in fiscal year 2006-07 2008-09 to the appropriation account under s. 20.435 (3) (kx).

SB40, s. 1422 Section 1422 . 49.155 (1g) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,662,24 49.155 (1g) (c) From the appropriation account under s. 20.445 (3) 20.437 (2) (mc), transfer $5,236,800 in fiscal year 2007-08 and $5,245,500 in fiscal year 2008-09 to the appropriation account under s. 20.435 (3) 20.437 (1) (kx).

SB40, s. 1423 Section 1423 . 49.155 (1g) (d) of the statutes is amended to read:

SB40,663,5 49.155 (1g) (d) From the appropriation under s. 20.445 (3) (md), 2005 stats., distribute $3,378,500 in fiscal year 2005-06 and $3,378,500 in fiscal year 2006-07 for grants under s. 49.134 (2) for child day care resource and referral services, for contracts under s. 49.137 (4) for training and technical assistance, for grants under s. 49.137 (4m), and for a child care scholarship and bonus program.

SB40, s. 1424 Section 1424. 49.155 (1m) (intro.) of the statutes is amended to read:

SB40,663,12 49.155 (1m) Eligibility. (intro.) A Wisconsin works Works agency shall determine eligibility for a child care subsidy under this section. Under this section, subject to any waiting list placement under sub. (2), 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:

SB40, s. 1425 Section 1425. 49.155 (1m) (a) 3m. of the statutes is amended to read:

SB40,663,15 49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.13 49.79 (9).

SB40, s. 1426 Section 1426. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

SB40,664,2 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., and 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 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 on the effective date of this subdivision .... [revisor inserts date], 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 Works agency shall include income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the Wisconsin works Works agency shall include the sum of the following:

SB40, s. 1427 Section 1427. 49.155 (1m) (c) 1c. of the statutes is created to read:

SB40,664,13 49.155 (1m) (c) 1c. Except as provided in subds. 1g. and 1h., for an individual who, on or after the effective date of this subdivision .... [revisor inserts date], applies for a child care subsidy under this section or reapplies for a child care subsidy under this section after losing eligibility, the gross income of the individual's family when the individual applies or reapplies is at or below 175 percent of the poverty line for a family the size of the individual's family and, after the individual is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 190 percent of the poverty line for a family the size of the individual's family. The Wisconsin Works agency shall calculate the gross income of the family in the same manner as gross income is calculated under subd. 1.

SB40, s. 1428 Section 1428. 49.155 (1m) (c) 1m. of the statutes is repealed.

SB40, s. 1429 Section 1429. 49.155 (1m) (c) 2. of the statutes is repealed.

SB40, s. 1430 Section 1430. 49.155 (1m) (c) 3. of the statutes is repealed.

SB40, s. 1431 Section 1431. 49.155 (2) of the statutes is created to read:

SB40,664,23 49.155 (2) Waiting list. (a) If the department determines that projected child care subsidies under this section will likely exceed the amount of funding allocated for child care subsidies under s. 49.175 (1) (p), the department may implement a prioritized waiting list system for applicants who are otherwise eligible for a child care subsidy under sub. (1m). Under the system, an applicant on the waiting list would not receive a child care subsidy until funding became sufficient.

SB40,665,3 (b) Notwithstanding par. (a), an applicant for a child care subsidy who is eligible under sub. (1m) and who is participating in a work component of Wisconsin Works under s. 49.147 may not be placed on a waiting list.

SB40, s. 1432 Section 1432. 49.155 (3) (a) of the statutes is amended to read:

SB40,665,8 49.155 (3) (a) A Subject to any waiting list placement under sub. (2), a Wisconsin works Works agency shall refer an individual who has been determined eligible under sub. (1m) to a county department under s. 46.215, 46.22 , or 46.23 for child care assistance.

SB40, s. 1433 Section 1433. 49.159 (4) of the statutes is amended to read:

SB40,665,14 49.159 (4) Pregnant women. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.

SB40, s. 1434 Section 1434. 49.1635 (1) of the statutes is amended to read:

SB40,665,23 49.1635 (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a 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.

SB40, s. 1435 Section 1435. 49.175 (1) (intro.) of the statutes is amended to read:

SB40,666,4 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s), the department shall allocate the following amounts for the following purposes:

SB40, s. 1436 Section 1436. 49.175 (1) (a) of the statutes is amended to read: