Interested people are invited to appear at the hearings and will be afforded the opportunity of making oral presentations of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing, or who wish to supplement testimony offered at the hearings may be submitted no later than Wednesday, June 4, 1997, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Nancy Ritter at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. People submitting comments will not receive individual responses.
Analysis Prepared by the Dept. of Workforce Development
Wisconsin Works (W-2), the replacement program for the Aid to Families with Dependent Children (AFDC) program, is based squarely on work. Rather than offering welfare checks to those who do not work, as AFDC does currently, W-2 offers participants the opportunity to move into the work world and become self-sufficient through employment. The W-2 program includes work opportunities, job access loans, education and training activities to enhance employability, intensive case management, child care and child support enforcement and other employment supports such as transportation assistance and access to health care services under the Medical Assistance program.
Wisconsin Works (W-2) was authorized through enactment of 1995 Wis. Act 289 which Governor Thompson signed into law on April 25, 1996. Under s. 49.141 (2) (b), Stats., if a federal waiver is granted or federal legislation is enacted, the Department of Workforce Development could begin to implement W-2 no sooner than July 1, 1996 and must fully implement the W-2 program statewide in September 1997. The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) was signed into law on August 22, 1996. It creates the Temporary Assistance for Needy Families (TANF) program which ends the entitlement program under Title IV-A of the Social Security Act and creates a block grant program under which states receive monies to provide cash and other benefits to help needy families support their children while at the same time requiring families to participate in work program activities which will help them become self-sufficient. In general, a state may not use any part of the TANF grant to provide assistance to a family for more than 60 months.
States must ensure, under section 114 of P.L. 104-193, that families who meet the AFDC eligibility requirements in effect on July 16, 1996, have access to Medical Assistance. Wisconsin has not yet obtained the necessary waivers or federal legislation that would allow the implementation of the W-2 health plan. Therefore, W-2 participants who meet the July 16, 1996, AFDC eligibility requirements or are eligible under s. 49.46 or 49.47, Stats., and the implementing administrative rules, chs. HFS 101-108, administered by the Department of Health and Family Services, may apply and be determined eligible for Medical Assistance.
Under W-2, there will be a place for everyone who is willing to work to their ability. The program is available to parents with minor children, low assets and low income who need assistance in becoming self-sufficient through employment. The W-2 program provides cash benefits only for those individuals who participate in W-2 employment and training activities. W-2 agencies have the option, for participants in a community service job or a transitional placement, to aggregate education and training hours for approved programs to allow an individual to participate in education and training activities for more than 10 or 12 hours per week within the first few months of participation. Each eligible W-2 applicant will meet with a Financial and Employment Planner (FEP) who will help the individual develop a self-sufficiency plan and determine their place on the W-2 employment ladder. The ladder consists of four levels of employment options, in order of preference:
☞ Unsubsidized employment;
☞ Subsidized employment through a trial job for those participants who need minimal assistance but where unsubsidized employment is not available;
☞ A community service job for those participants who need to practice work habits and skills necessary to move into unsubsidized employment; and
☞ Transitional placement for those unable to perform independent, self-sustaining work.
Individuals placed in a trial job will receive wages from an employer. Individuals placed in a community service job will receive a monthly benefit of $555 and individuals placed in a transitional placement will receive a monthly benefit of $518. W-2 participants are limited to 24 months in a single subsidized employment position category. Extensions may be granted on a limited basis when local labor market conditions preclude opportunities or when the participant has significant barriers which prevent him or her from obtaining unsubsidized employment. Child care is available for those individuals who have children under the age of 13 and need child care in order to work or participate in a W-2 employment position. The W-2 program will be administered by contracted agencies which may include counties, tribal agencies and private agencies in geographic areas determined by the Department.
These are the proposed permanent rules for implementation of the W-2 program. The rules include eligibility requirements for those individuals applying for a W-2 employment position or child care, time-limited benefits for participants in W-2 employment positions, good cause for failure or refusal to participate in W-2 employment positions or other required employment and training activities, how sanctions are applied for failure to meet the W-2 employment position participation requirements, and school attendance requirements under the Learnfare program for the children of W-2 employment position participants.
Similar emergency rules have been in effect since March 1, 1997.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules: None.
2. Reporting, bookkeeping and other procedures required for compliance with the rules: --
3. Types of professional skills necessary for compliance with the rules: --
Fiscal Estimate
This is the rule to implement Wisconsin Works (W-2), under s. 49.141 through 49.161, Stats., as created by 1995 Wis. Act 289.
All costs to the Department and local governments for operation of Wisconsin Works (W-2) were included in the fiscal notes to 1995 Wis. Act 289. There are no additional costs for state government or local governments from promulgation of the administrative rule to implement Wisconsin Works (W-2).
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. Comm 113 - Relating to the annual allocation of volume cap on tax-exempt bonds for calendar year 1998.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting s. ETF 60.53, relating to deadlines to apply for death benefits payable from the Wisconsin Retirement System and timing of automatic distribution of these benefits.
Effective 06-01-97.
Labor & Industry Review Commission
(CR 96-136):
An order affecting chs. LIRC 1 to 4, relating to procedural rules concerning petition to and handling of cases by the Labor and Industry Review Commission.
Effective 06-01-97.
An order amending s. NR 20.03 (1) (k), relating to the daily bag limit for panfish as it applies to recreational fishing on inland waters.
Effective 04-01-98.
An order affecting ch. Trans 139, relating to motor vehicle trade practices.
Effective 09-01-97.
An order creating ch. Trans 55, relating to the granting of state aid to airport owners.
Effective 06-01-97.
An order renumbering ch. HSS 201 to ch. DWD 11 and creating s. DWD 11.135, relating to circumstances under which the 60-month lifetime limit on participation in the Job Opportunities and Basic Skills (JOBS) program or a Wisconsin Works (W-2) employment position or a combination thereof may be extended.
Effective 06-01-97.
An order affecting ss. ILHR 100.02 and 132.001 and ch. ILHR 140, relating to unemployment insurance appeal rights and procedures.
Effective 06-01-97.
The following administrative rule orders have been adopted and published in the April 30, 1997 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade & Consumer Protection
(CR 96-138):
An order affecting ch. ATCP 98, relating to financial standards and security requirements for vegetable contractors.
Effective 05-01-97.
Agriculture, Trade & Consumer Protection
(CR 96-139):
An order creating s. ATCP 21.15, relating to potato late blight.
Effective 05-01-97.
Agriculture, Trade & Consumer Protection
(CR 96-142):
An order affecting ch. ATCP 30 Appendix A, relating to atrazine use restrictions.
Effective 05-01-97.
An order repealing and recreating ss. DOC 328.20 and 333.16, relating to use of oleoresin of capsicum, firearms and other weapons by Division of Community Corrections employes.
Effective 05-01-97.
An order creating s. DOC 309.05 (2) (d), relating to stamping outgoing prisoner mail.
Effective 05-01-97.
An order affecting ch. HSS 90, relating to a system of early intervention services, called the Birth to 3 Program, for children in the age group birth through 2 who are found to be developmentally delayed or to have a diagnosed condition which will likely result in developmental delay.
Effective 05-01-97.
An order repealing and recreating s. Ins 18.07 (5), relating to a decrease in 1996-97 premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Effective 05-01-97.
An order affecting chs. NR 190 and 191, relating to lake management planning grants and lake protection grants.
Effective 05-01-97.
An order amending ss. NR 25.02, 25.05, 25.06 and 25.07, relating to commercial fishing for whitefish and chubs in Green Bay and Lake Michigan.
Effective 05-01-97.
