49.141(2)(b)
(b) If a waiver is granted and in effect or legislation is enacted, and if the department determines that sufficient funds are available, the department may begin to implement the Wisconsin works program no sooner than July 1, 1996, for selected counties or groups determined by the department and shall implement the Wisconsin works program statewide for all groups no later than September 1997. If a waiver is not granted and in effect or federal legislation is not enacted before March 30, 1997, the department shall implement the Wisconsin works program statewide for all groups no later than 3 months after the necessary waiver has been granted or federal legislation has been enacted.
49.141(2)(d)
(d) Before implementing the Wisconsin works program, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the department will begin to implement the Wisconsin works program statewide.
49.141(2g)(a)1.1. The department shall contract with the legislative audit bureau to conduct a financial and performance audit of Wisconsin works. The legislative audit bureau shall include in its audit all of the following:
49.141(2g)(a)1.a.
a. The effect of the Wisconsin works employment component on the unsubsidized wages of former Wisconsin works employment position participants, the wages of trial job participants and the wages of participants that move from community service jobs and transitional placements to trial jobs.
49.141(2g)(a)1.b.
b. The effect of Wisconsin works on the provision of child care services.
49.141(2g)(a)2.
2. The legislative audit bureau shall file the audit no later than July 1, 2000, in the manner described under
s. 13.94 (1) (b).
49.141(2g)(b)
(b) If an evaluation is required under the terms of a federal waiver obtained under
sub. (2) (a), the legislative audit bureau, in consultation with the department, may contract with a private or public agency to perform that evaluation and may charge the department for the cost of the evaluation.
49.141(3)
(3) Applications. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under
s. 49.143 (6) in which the individual lives and in the manner prescribed by the department.
49.141(4)
(4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
49.141(5)
(5) Nonsupplant. No Wisconsin works employment position may be operated so as to do any of the following:
49.141(5)(a)
(a) Have the effect of filling a vacancy created by an employer terminating a regular employe or otherwise reducing its work force for the purpose of hiring an individual under
s. 49.147 (3),
(4) or
(5).
49.141(5)(b)
(b) Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
49.141(5)(c)
(c) Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
49.141(6)
(6) Prohibited conduct. A person, in connection with Wisconsin works, may not do any of the following:
49.141(6)(a)
(a) Knowingly and wilfully make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment.
49.141(6)(b)
(b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a benefit or payment under Wisconsin works, conceal or fail to disclose that event with an intent fraudulently to secure a benefit or payment under Wisconsin works either in a greater amount or quantity than is due or when no such benefit or payment is authorized.
49.141(7)(a)(a) A person who is convicted of violating
sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 5 years or both.
Effective date note
NOTE: Par. (a) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.
49.141(7)(b)
(b) A person, other than a person under
par. (a), who is convicted of violating
sub. (6) may be fined not more than $10,000 or imprisoned for not more than one year or both.
Effective date note
NOTE: Par. (b) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years or both.
49.141(7)(c)
(c) Except as provided in
par. (d), in addition to the penalties applicable under
par. (a) or
(b), a person shall be suspended from participating in Wisconsin works for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:
49.141(7)(c)1.
1. Violating
sub. (6) (a) with respect to his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state assistance funded by a block grant under Title I of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
49.141(7)(c)2.
2. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state benefits under the medical assistance program under
42 USC 1396 et seq.
49.141(7)(c)3.
3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp program under
7 USC 2011 to
2029.
49.141(7)(c)4.
4. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal supplemental security income program under
42 USC 1381 to
1383d.
49.141(7)(d)
(d) A person who has been suspended from participating in Wisconsin works under
par. (c) and whom the president of the United States has pardoned with respect to the conduct for which the person had been suspended may have his or her eligibility to participate in Wisconsin works reinstated beginning on the first day of the first month beginning after the pardon.
49.141(8)
(8) Damages. If a person is convicted under
sub. (6), the state has a cause of action for relief against the person in an amount equal to 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under
sub. (6) is conclusive proof in a civil action of the state's right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages consist of the total amount of excess payments, any part of which is paid with state funds. In a civil action under this subsection, the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.
49.141(9)(a)(a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.
Effective date note
NOTE: Par. (a) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.
49.141(9)(b)
(b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.
Effective date note
NOTE: Par. (b) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.
49.141(9)(c)
(c) This subsection does not apply to any of the following:
49.141(9)(c)1.
1. A discount or other reduction in price obtained by a provider of services or other entity under
chs. 46 to
51 and
58 if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under Wisconsin works.
49.141(9)(c)2.
2. An amount paid by an employer to an employe who has a bona fide employment relationship with the employer for employment in the provision of covered items or services.
49.141(10)(a)(a) A provider may not knowingly impose upon a recipient charges in addition to payments received for services under Wisconsin works or knowingly impose direct charges upon a recipient in lieu of obtaining payment under Wisconsin works unless benefits or services are not provided under Wisconsin works and the recipient is advised of this fact prior to receiving the service.
49.141(10)(b)
(b) A person who violates this subsection may be fined not more than $25,000 or imprisoned for not more than 5 years or both.
Effective date note
NOTE: Par. (b) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(b) A person who violates this subsection may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.
49.141 History
History: 1995 a. 289;
1997 a. 27,
41,
283.
49.143
49.143
Wisconsin works; agency contracts. 49.143(1)(a)(a) Except as provided in
par. (am), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under
sub. (6). The department shall award contracts under this paragraph before the date that is specified in
s. 49.141 (2) (d).
49.143(1)(am)1.1. The department shall contract with a county under
s. 46.215,
46.22 or
46.23 or with a tribal governing body to administer Wisconsin works in that county or within the boundaries of that reservation if the county or tribal governing body has met the aid to families with dependent children caseload performance standards established by the department. The contract shall be awarded before the date that Wisconsin works is implemented in that county or on that reservation and shall be for a term of at least 2 years beginning on the date on which the department implements Wisconsin works in that county or reservation. When the contract expires, a county or tribal governing body may apply for a new contract under the competitive process established under
par. (a). A county or tribal governing body may elect not to enter into a contract under this subdivision if the county or tribal governing body informs the department by the date established by the department that the county or tribal governing body has made that election.
49.143(1)(am)2.
2. A county or tribal governing body that has not met the aid to families with dependent children caseload performance standards established by the department may apply for a contract under the competitive process established under
par. (a).
49.143(1)(at)
(at) A county that is awarded a contract under
par. (am) 1. to administer Wisconsin works shall offer a subcontract for the administration of
s. 49.147 to the public or private agency, if different from the county department under
s. 46.215,
46.22 or
46.23, that administers the job opportunities and basic skills program under
s. 49.193 in that county. A contract entered into under this paragraph is subject to approval by the department.
49.143(1)(ay)
(ay) A county or tribal governing body that enters into a contract under
par. (a) or
(am) 1. but elects not to compete for a subsequent contract under
par. (a) shall provide the notice required under this paragraph at least 6 months prior to the expiration of its contract under
par. (a) or
(am) 1. A county or tribal governing body that elects not to enter into a contract under
par. (am) 1. or to compete for a contract under
par. (am) 2. shall provide the notice required under this paragraph by the date established by the department, by rule, under
par. (am) 1. The notice shall be provided to all employes of the county or tribal governing body who may be laid off as a result of the county's or tribal governing body's election not to enter into or compete for a contract and to the certified or recognized collective bargaining representatives of such employes, if any. The notice shall inform the employes and the representatives that the county or tribal governing body is making the election not to enter into or compete for a contract; that the employes may be laid off as a result of that election; that the employes may wish to consider forming a private agency to bid on the contract under
par. (a); that the employes may obtain information from the department on the competitive process under
par. (a) and the contract requirements under this section; and that the employes may obtain information from the department on steps that the employes might take to organize themselves to form a private agency for the purposes of competing for a contract under
par. (a). The department shall provide the information specified in this paragraph upon the request of any employe or collective bargaining representative described in this paragraph.
49.143(1)(b)
(b) If no acceptable provider in a geographical area is selected under
par. (a) or
(am), the department shall administer Wisconsin works in that geographical area.
49.143 Note
NOTE: 1995 Wis. Act 216 amended par. (a) and created par. (av), but contained the following reconciliation provision at section 9162 (2t). Act 216 was passed by the legislature in the form of assembly substitute amendment 3, but was not enacted in that form due to the governor's partial vetoes. Pars. (a) and (av) as affected by
1995 Wis. Act 216 are set forth below.
49.143 Note
(2t) Reconciliation; Wisconsin works.
49.143 Note
(a) If 1995 Wisconsin Act .... (Assembly Bill 591) is not enacted into law or is enacted into law in a form other than that of assembly substitute amendment 3, the treatment of section 49.143 (1) (a) and (av) of the statutes by this act and section 9462 (3t) of this act are void.
Effective date text
49.143 (1) (a) Except as provided in pars. (am) and (av), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph at least 6 months before the date that is specified in s. 49.141 (2) (d).
49.143 Note
(av) 1. In a county having a population of 500,000 or more the department shall, prior to awarding a contract to administer Wisconsin works in that county, work with the county for a period not to exceed 6 months to establish a plan for the first 2 years of administration of Wisconsin works in that county. The plan shall establish the methodology for conducting a competitive bidding process to award a contract to administer Wisconsin works in that county. The plan shall identify an administrator to oversee the administrative structure of Wisconsin works in that county and to oversee the Wisconsin works agencies in that county. In establishing a selection process for Wisconsin works agencies in the county, if the county has met the aid to families with dependent children caseload performance standards established by the department under par. (am), the plan shall, to the extent practicable, give preference to agencies that administer the job opportunities and basic skills program under s. 49.193 in that county.
49.143 Note
a. If a plan is approved by the department and the county, the department shall award a contract to administer Wisconsin works in that county in accordance with the plan. The plan shall remain in effect for 2 years.
49.143 Note
b. If a plan is not approved by the department or the county, the department shall award a contract to administer Wisconsin works in accordance with par. (a) or (am), whichever is applicable.
49.143(2)
(2) Contract requirements. Each contract under
sub. (1) shall contain performance-based incentives established by the department. The contract shall require a Wisconsin works agency to do all of the following:
49.143(2)(a)
(a) Establish a community steering committee within 60 days after the date on which the contract is awarded. The Wisconsin works agency shall recommend the members of the committee to the chief executive officer of each county served by the Wisconsin works agency. The chief executive officer of each county shall appoint the members of the committee. The number of members that each chief executive officer appoints to the committee shall be in proportion to the population of that officer's county relative to the population of each other county served by the Wisconsin works agency, except that the chief executive officer of a county that is not a Wisconsin works agency shall appoint the director of the county department under
s. 46.215,
46.22 or
46.23, or his or her designee, and one other representative of the county department under
s. 46.215,
46.22 or
46.23. The committee shall consist of at least 12 members, but not more than 15 members. The members of the committee shall appoint a chairperson who shall be a person who represents business interests. The committee shall do all of the following:
49.143(2)(a)1.
1. Advise the Wisconsin works agency concerning employment and training activities.
49.143(2)(a)2.
2. Identify and encourage employers to provide permanent jobs for persons who are eligible for trial jobs or community service jobs.
49.143(2)(a)3.
3. Create, and encourage others to create, subsidized jobs for persons who are eligible for trial jobs or community service jobs.
49.143(2)(a)4.
4. Create, and encourage others to create, on-the-job training sites for persons who are eligible for trial jobs or community service jobs.
49.143(2)(a)5.
5. Foster and guide the entrepreneurial efforts of participants who are eligible for trial jobs or community service jobs.
49.143(2)(a)6.
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 or community service jobs.
49.143(2)(a)7.
7. Coordinate with the governor's council on workforce excellence under
s. 106.115 to ensure compatibility of purpose and no duplication of effort.
49.143(2)(a)8.
8. Work with participants, employers, child care providers and the community to identify child care needs, improve access to child care and expand availability of child care.
49.143(2)(a)10.
10. Identify motivational training programs, including programs that enhance parenting skills.
49.143(2)(b)
(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; 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.
49.143(2)(c)
(c) Employ at least one financial and employment planner. The financial and employment planner shall work with a participant to facilitate the participant's achievement of the maximum degree of self-sufficiency. The department shall ensure that a financial and employment planner employed by a Wisconsin works agency meets certification and training requirements established by the department by rule and that appropriate training is provided by a Wisconsin works agency.
49.143(2)(cg)
(cg) Employ staff, if necessary, to meet the needs of participants who are refugees and who have cultural or linguistic barriers to participation in Wisconsin works.
49.143(2)(cm)
(cm) If a significant proportion of the population served by the Wisconsin works agency is comprised of a refugee group, employ staff that is proficient in the language of the refugee group to aid the financial and employment planner in locating appropriate employment opportunities that do not require English proficiency for participants who are members of that refugee group.
49.143(2)(cr)
(cr) Provide, or contract with another person to provide, credit establishment and credit repair assistance to participants. Prior to providing, or contracting with another to provide, the assistance specified under this paragraph, the Wisconsin works agency shall submit a proposed plan for the provision of that assistance to the department. The secretary shall submit each proposed plan to the cochairpersons of the joint committee on finance. If, within 14 days after receiving the proposed plans, the cochairpersons do not notify the secretary that the joint committee on finance has scheduled a meeting for the purpose of reviewing the proposed plans, the department shall direct each Wisconsin works agency that submitted proposed plans to implement the plans. If, within 14 days, the co-chairs notify the secretary that they have scheduled a meeting for the purpose of reviewing the proposed plans, no Wisconsin works agency may implement its plan until the joint committee on finance approves the plan. Every January 31, the department shall submit to the joint committee on finance a report specifying the total amount expended in the previous year for the provision of credit establishment and credit repair assistance under this paragraph.
49.143(2)(d)
(d) If the Wisconsin works agency is not a county department under
s. 46.215,
46.22 or
46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works, the food stamp program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.
49.143(2)(e)
(e) To the extent permitted under federal law or waiver, certify eligibility for and issue food coupons to eligible Wisconsin works participants in conformity with
7 USC 2011 to
2029.
49.143(2)(em)
(em) Determine eligibility for child care assistance under
s. 49.155 and refer eligible families to county departments under
s. 46.215,
46.22 or
46.23 for child care services.
49.143(2)(f)
(f) Perform any other tasks specified by the department in the contract that the department determines are necessary for the administration of Wisconsin works.
49.143(2m)
(2m) Nutrition outreach. A Wisconsin works agency may establish a [a] nutrition outreach program with the community steering committee established under
sub. (2) (a). The Wisconsin works agency and community steering committee may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:
49.143 Note
NOTE: The bracketed "a" was inadvertently inserted by
1997 Wis. Act 236. Corrective legislation is pending.
49.143(2m)(a)
(a) Establish a local drop-off point for donated food.
49.143(2m)(b)
(b) Establish a hotline for information about the availability of food and the types of food to donate.
