106.19
106.19
Trade adjustment assistance overpayment waiver. 106.19(1)(1) On or before October 8, 1989, the department shall establish a policy for waiving recovery of overpayments made under the federal adjustment assistance for workers program under
19 USC 2272 to
2318.
106.19(2)
(2) The waiver policy shall require the department to grant a waiver if all of the following apply:
106.19(2)(a)
(a) The overpayment was not the fault of the person who received it.
106.19(2)(b)
(b) Requiring repayment would be contrary to equity and good conscience.
106.19(3)
(3) The department shall do all of the following:
106.19(3)(a)
(a) Notify all of the following persons of the waiver policy and the person's right to request a waiver:
106.19(3)(b)
(b) Comply with the guidelines issued by the U.S. secretary of labor under
19 USC 2315 in connection with the waiver policy.
106.19(3)(c)
(c) Establish the waiver policy by rule, using the procedure under
s. 227.24.
106.19 History
History: 1989 a. 31;
1995 a. 27 s.
3719; Stats. 1995 s. 106.19.
106.20
106.20
Pilot Wisconsin job opportunity business subsidy program. 106.20(1)(a)
(a) "Business" means any person engaged in a business enterprise for profit in this state.
106.20(1)(c)
(c) "Eligible job applicant" means an individual who the department determines meets the requirements of s.
101.35 (9), 1991 stats.
106.20(1)(g)
(g) "Urban county" means a county located in a federal standard metropolitan statistical area.
106.20(1)(h)
(h) "Wisconsin job opportunity business subsidy program" means the program administered under this section.
106.20(11)(a)(a) If an eligible job applicant leaves the employ of a business that received funds to subsidize the wages of the eligible job applicant under s.
101.35 (5), 1991 stats., the business shall repay the following percentage of the funds:
106.20(11)(a)1.
1. If the eligible job applicant leaves while the position is subsidized, 70%.
106.20(11)(a)2.
2. If the eligible job applicant leaves less than 12 months after the subsidy ended, a percentage between 70% and 0%, decreasing proportionally to 0% 12 months after the subsidy has ended.
106.20(11)(a)3.
3. If the eligible job applicant leaves 12 months or more after the subsidy ended, 0%.
106.20(11)(b)
(b) A business need not repay funds under
par. (a) if the business replaces the departing eligible job applicant with another eligible job applicant who remains employed with the business for at least 12 months after the subsidy paid to the departing eligible job applicant would have ended.
106.20(11)(c)
(c) The secretary may waive all or part of a repayment required under
par. (a) if the secretary determines that waiving the repayment is in the best interests of the state.
106.20(11)(d)
(d) The local service agency shall use the amounts repaid under this subsection for additional wage subsidies.
106.20(13)
(13) Final report. On or before September 1, 1993, the department shall submit a final report concerning the Wisconsin job opportunity business subsidy program to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2). The report shall include all of the following information for the period covered by the report:
106.20(13)(a)
(a) The average wage paid to an eligible job applicant at the following times:
106.20(13)(a)2.
2. Sixty days after the subsidy for the eligible job applicant ends.
106.20(13)(a)3.
3. Fourteen months after the subsidy for the eligible job applicant ends.
106.20(13)(b)
(b) The number of qualified businesses and eligible job applicants that participated in each eligible unit of government.
106.20(13)(c)
(c) The age, education level, family status, gender, race and work experience of each eligible job applicant.
106.20(13)(e)
(e) Any other information the department considers relevant.
106.20 History
History: 1987 a. 399;
1989 a. 31,
336;
1991 a. 32,
39,
315;
1993 a. 16,
213,
243,
491;
1995 a. 27 s.
3720; Stats. 1995 s. 106.20.
106.21
106.21
Wisconsin service corps program. 106.21(1)(a)
(a) "Community services activity" means an activity that addresses a social, health or economic need of the community.
106.21(1)(b)
(b) "Corps member" means a person enrolled in the Wisconsin service corps program under this section.
106.21(1)(c)
(c) "Financial support" includes in-kind services and materials.
106.21(1)(d)
(d) "In-kind services and materials" includes services such as training, supervision, administration, transportation, insurance liability coverage and similar services and materials such as supplies, fuel, tools, equipment, safety equipment and other materials for a project.
106.21(1)(e)
(e) "Local unit of government" means the governing body of any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district or school district or the elected tribal governing body of a federally recognized American Indian tribe or band.
106.21 Note
NOTE: Par. (g) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
106.21(1)(h)
(h) "State agency" has the meaning given in
s. 227.01 (1) but also includes the office of district attorney.
106.21(2)
(2) Objectives. The department shall develop guidelines for the Wisconsin service corps program designed to promote the objectives of:
106.21(2)(a)
(a)
Employment of young adults. Providing employment for young men and women in a county with a population of 500,000 or more.
106.21(2)(b)
(b)
Personal development. Encouraging and developing work skills, discipline, cooperation, meaningful work experiences and training and educational opportunities for corps members.
106.21(2)(c)
(c)
Community services. Addressing the social, health and economic needs of a community within a county that has a population of 500,000 or more.
106.21(3)
(3) Application for project approval. 106.21(3)(a)(a)
Eligible sponsors. A state agency, local unit of government or private organization that operates in a county that has a population of 500,000 or more may apply to the department for approval of a project consisting of community services activities.
106.21(3)(b)
(b)
Eligible projects. In order to qualify as an approved project, the project must provide employment opportunities, consist of community services activities and be located in a county that has a population of 500,000 or more. If the sponsor is a nonprofit organization, the project must serve a valid public purpose in order to qualify as an approved project.
106.21(3)(c)
(c)
Sponsor's application. In order to qualify as an approved project, the sponsor must submit in the application:
106.21(3)(c)1.
1. A summary of the extent and value of all financial support it will provide for the project.
106.21(3)(c)2.
2. A preliminary cost estimate including a summary of all anticipated costs resulting from implementation of the project.
106.21(3)(c)3.
3. A preliminary work plan specifying the nature, scope and duration of the project.
106.21(3)(d)
(d)
Local government sponsors. The department shall encourage local units of government to apply for the approval of projects and shall provide assistance and information to facilitate these applications.
106.21(3)(e)
(e)
Not to involve labor dispute or displace other employes. No project may be approved by the department if corps members will be used in any manner in connection with a work or labor dispute or if approval of the project would impair existing contracts or collective bargaining agreements with existing employes of the sponsor. No project may be approved by the department if corps members will be used to displace existing permanent employes of the sponsor, including any employes who have been temporarily laid-off by the sponsor.
106.21(4)
(4) Guidelines for project approval. The department shall establish guidelines to be used in selecting projects for approval. These guidelines shall include:
106.21(4)(a)
(a)
Employment opportunities. The extent to which the project will provide employment in meaningful labor intensive work activities for corps members.
106.21(4)(b)
(b)
Community services. The extent to which the project will address the social, health or economic needs of the community that is to be served by the project.
106.21(4)(c)
(c)
Implementation. The degree of difficulty in implementing the project and its compatibility with other projects in the area.
106.21(4)(d)
(d)
Extent of sponsor's responsibility. The value of financial support to be provided by the sponsor.
106.21(4)(e)
(e)
Public purpose and benefit. The extent to which the project will serve a valid public purpose and benefit a large segment of the public.
106.21(5)(a)(a)
Community services activities; appropriations. Moneys appropriated under
s. 20.445 (1) (cm),
(jr) and
(km) may be used for community services activities as authorized under those appropriations.
106.21(5)(b)
(b)
Other state agency appropriations. A state agency may use moneys from any appropriation for that agency to sponsor a project if implementation of the project is consistent with any purpose for which the moneys are appropriated.
106.21(6)
(6) Administration and matching funds. 106.21(6)(a)(a)
Administration. The department shall provide guidelines for administration of the Wisconsin service corps program and the program shall be administered according to those guidelines.
106.21(6)(b)
(b)
Requirements for matching funds. The department shall set requirements as to the amount of financial support that a sponsor must provide. The department may waive the requirements for a project sponsored by a local unit of government or a state agency and may reduce the amount of matching funds required for a project sponsored by a private organization.
106.21(7)
(7) Project approval and implementation; corps members supervision. 106.21(7)(a)(a)
Approval. Projects shall be selected and approved by the department based on guidelines established under
sub. (4) and the requirements established under
sub. (6) (b).
106.21(7)(b)
(b)
Responsibility agreement; detailed work plan. Before the approval of a project, the sponsor shall prepare and submit to the department a responsibility agreement that incorporates the complete project cost estimate and a detailed work plan and specifies in detail the responsibilities of the sponsor and of the department with respect to the project. The complete project cost estimate shall include a summary of all anticipated costs resulting from the implementation of the project. The detailed work plan shall specify the nature, scope and duration of the project; the number of corps members required for the project; training, supervisory, administrative and other service requirements; supply, fuel, tool, equipment, safety equipment and other material requirements; time schedules; and other details relating to the implementation of the project.
106.21(7)(c)
(c)
Signing of responsibility agreement. A project is not authorized and may not be implemented until the sponsor and the secretary sign the responsibility agreement.
106.21(7)(d)
(d)
Implementation; supervision. Except as provided in a responsibility agreement, the sponsor is responsible for the implementation of and the administrative services for an authorized project and the department is responsible for the recruitment, supervision, control and training of corps members for the project.
106.21(7)(e)
(e)
Number of corps members on project. The number of corps members serving on a project may not exceed 3.
106.21(8)
(8) Education and training. The department shall facilitate arrangements with local schools and institutions of higher education for academic study by corps members during nonworking hours to upgrade literacy skills, obtain equivalency diplomas or college degrees or enhance employment skills. The department shall encourage the development of training programs for corps members for use during periods when circumstances do not permit work on a project.
106.21(9)(a)(a)
Authorization. The department may employ corps members.
106.21(9)(b)
(b)
Outside civil service. All corps members shall be employed outside the civil service.
106.21(9)(c)
(c)
Wages. Corps members shall be paid at the prevailing federal minimum wage or the applicable state minimum wage established under
ch. 104, whichever is greater. Corps members shall receive their pay for the previous pay period on the last working day of the current pay period.
106.21(9)(d)
(d)
Unemployment compensation. A corps member is not eligible for unemployment compensation benefits by virtue of his or her employment in the Wisconsin service corps program. To the extent permitted by federal law, the Wisconsin service corps program shall be considered a work-relief and working-training program for the purpose of determining eligibility for benefits under
s. 108.02 (15) (g) 1.
106.21(9)(e)
(e)
Worker's compensation. A corps member is eligible for worker's compensation benefits as provided under
ch. 102.
