106.215(5)(c)2.
2. A preliminary cost estimate including a summary of all anticipated costs resulting from implementation of the project.
106.215(5)(c)3.
3. A preliminary work plan specifying the nature, scope and duration of the project.
106.215(5)(d)
(d)
Local government sponsors. The board and department shall encourage local units of government to apply for the approval of projects and shall provide assistance and information to facilitate these applications.
106.215(5)(e)
(e)
Not to involve labor dispute or displace other employees. No project may be approved by the board if corps enrollees 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 employees of the sponsor. No project may be approved by the board if corps enrollees will be used to displace existing permanent employees of the sponsor, including any employees who have been temporarily laid-off by the sponsor.
106.215(6)
(6) Guidelines for project approval. The board shall establish guidelines to be used in selecting projects for approval. These guidelines shall include:
106.215(6)(a)
(a)
Employment opportunities. The extent to which the project will provide employment in meaningful labor intensive work activities for corps enrollees.
106.215(6)(b)
(b)
Conservation. The extent to which the project will promote the long-term beneficial conservation of resources. The guidelines shall assign a high priority to projects required under a shoreland management ordinance under
s. 92.17.
106.215(6)(bm)
(bm)
Human services. The extent to which the project will promote the social well-being of children, the elderly, persons with disabilities and persons with low incomes. The guidelines shall give priority to projects providing services to children and the elderly.
106.215(6)(c)
(c)
Implementation. The degree of difficulty in implementing the project and its compatibility with other projects in the area.
106.215(6)(d)
(d)
Extent of sponsor's responsibility. The share of the total cost of the project, including the value of in-kind services and materials, to be paid or provided by the sponsor.
106.215(6)(dm)
(dm)
Benefits to enrollees. The extent to which the sponsor will provide to the corps enrollees on the project additional wages or other additional benefits.
106.215(6)(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.
106.215(7)(a)(a) Conservation activities; appropriations. Moneys appropriated under
s. 20.445 (6) (j),
(m) and
(u) may be utilized for conservation activities as authorized under those appropriations.
106.215(7)(am)
(am)
Human services activities; appropriations. Moneys appropriated under
s. 20.445 (6) (j) and
(m) may be utilized for human services activities as authorized under those appropriations.
106.215(7)(b)
(b)
Other state agency appropriations. A state agency may utilize 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.
106.215(7)(c)
(c)
Conservation fund appropriation. Notwithstanding
par. (a), moneys appropriated under
s. 20.445 (6) (u) that are not derived from the forestation state tax under
s. 70.58 may be utilized for any project approved by the board regardless of whether the project consists in whole or in part of conservation activities.
106.215(8)
(8) Administration; project approval; work plans; implementation; enrollee supervision. 106.215(8)(a)(a)
Guidelines for administration. The board shall provide guidelines for administration of the Wisconsin conservation corps program.
106.215(8)(b)
(b)
Administration. The Wisconsin conservation corps program shall be administered according to guidelines provided by the board.
106.215(8)(c)
(c) Administrative expenses; appropriations; reallocation. Moneys appropriated under
s. 20.445 (6) (ja),
(n) or
(y) may be utilized for the payment of administrative expenses related to the Wisconsin conservation corps program as authorized under those appropriations. If the board determines that these appropriations are not sufficient, it may request the joint committee on finance to take action under
s. 13.101 (4) to transfer moneys from the appropriation under
s. 20.445 (6) (j),
(m) or
(u) to the appropriation under
s. 20.445 (6) (ja),
(n) or
(y).
106.215(8)(d)
(d) Approval. Except as provided in
sub. (8g), projects shall be selected and approved by the board based on guidelines established under
sub. (6).
106.215(8)(e)
(e)
Complete project cost estimate. Prior to approval of a project, the executive secretary shall prepare and submit to the board a complete project cost estimate. This estimate shall include a summary of all anticipated costs resulting from the implementation of the project.
106.215(8)(f)
(f)
Detailed work plan. Prior to approval of a project, the executive secretary shall prepare and submit to the board a detailed work plan specifying the nature, scope and duration of the project; the number of corps enrollees; 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.
106.215(8)(g)
(g)
Responsibility agreement. Prior to approval of a project, the executive secretary shall prepare and submit to the board a responsibility agreement which incorporates the complete project cost estimate and detailed work plan and specifies in detail the responsibilities of the sponsor and the board with respect to the project.
106.215(8)(i)
(i)
Signing of responsibility agreement. A project is not authorized and may not be implemented until the sponsor and the board sign the responsibility agreement.
106.215(8)(j)
(j)
Implementation. Except as provided in a responsibility agreement, the board is responsible for the implementation of an authorized project. The board may delegate to a sponsor responsibility for implementing various aspects of a project in the responsibility agreement.
106.215(8)(k)1.1. The board is responsible for the overall supervision and control of corps enrollees.
106.215(8)(k)2.
2. The board may delegate to a sponsor responsibility for enrollee recruitment, training and supervision and for administrative services to be provided for a project in the responsibility agreement.
106.215(8)(L)
(L)
Project coordination. The board is responsible for the coordination of work activities related to various projects in the same area.
106.215(8g)(a)(a) If a sponsor pays for the total cost of a project, the board may select and approve a project without using the guidelines established under
sub. (6).
106.215(8g)(b)
(b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers, parolees or persons on extended supervision and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.
106.215(8m)
(8m) Administrative project. In addition to the projects authorized under this section, the board may approve one project that provides employment for corps enrollees in an administrative work or training project sponsored by the Wisconsin conservation corps.
Subsections (5) (a) to
(d),
(6) and
(8) (d),
(g) to
(j) and
(k) 1. do not apply to a project approved under this subsection.
106.215(9)(a)(a)
Work camps. If necessary for the implementation of a conservation project, the board may establish or utilize residential facilities but the board may not use moneys appropriated under
s. 20.445 (6) (u) or
(y) for the establishment of new residential facilities.
106.215(9)(b)
(b)
Education and training. The board shall facilitate arrangements with local schools and institutions of higher education for academic study by corps enrollees to upgrade literacy skills, obtain equivalency diplomas or college degrees or enhance employment skills. The board shall encourage the development of training programs for corps enrollees for use during time periods when circumstances do not permit work on a project.
106.215(10)(a)(a)
Authorization; classification. The board may employ corps enrollees. The board shall classify these enrollees as corps members, assistant crew leaders, crew leaders or regional crew leaders.
106.215(10)(b)
(b)
Outside civil service. All corps enrollees shall be employed outside the civil service.
106.215(10)(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. Assistant crew leaders, crew leaders and regional crew leaders may be paid more than the prevailing federal minimum wage or applicable state minimum wage. Corps enrollees shall receive their pay for the previous pay period on the last working day of the current pay period.
106.215(10)(e)
(e)
Worker's compensation. A corps enrollee is eligible for worker's compensation benefits as provided under
ch. 102.
106.215(10)(f)
(f)
Health care and other benefits. Except as provided in
par. (fm), a corps enrollee is not an eligible employee for health care benefits or other benefits under
ch. 40.
106.215(10)(fm)
(fm)
Group health care coverage. The board may provide group health care coverage, including group health care coverage offered by the state under
s. 40.51, to any of the following:
106.215(10)(fm)1.
1. Corps enrollees who have been crew leaders, regional crew leaders or a combination thereof for at least 6 months.
106.215(10)(fm)2.
2. Crew leaders or regional crew leaders who are discharging special responsibilities, as determined by the board.
106.215(10)(g)1.1. A person who is employed as a corps enrollee for a 6-month to one-year period of continuous employment, as determined by standards adopted by the board, and who receives a satisfactory employment evaluation upon termination of employment is entitled to an incentive payment of $500 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours.
106.215(10)(g)1m.
1m. In lieu of the incentive payment under
subd. 1., a person who is employed as a corps enrollee for at least a 6-month period of continuous employment, as determined by standards adopted by the board, and who receives a satisfactory employment evaluation is entitled to an education voucher that is worth at least double the monetary value of the prorated incentive payment under
subd. 1., but not more than $2,800 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours.
106.215(10)(g)2.
2. The board may authorize a partial incentive payment to a person who is employed as a corps enrollee and who receives a satisfactory employment evaluation upon termination of employment if the person is employed as a corps enrollee for less than a one-year period of continuous employment and the board determines that employment was terminated because of special circumstances beyond the control of the corps enrollee or if the person is employed as a corps enrollee for at least 10 months but less than a one-year period of continuous employment and the board determines that employment was terminated in order to enable the person to attend an institution of higher education, technical college or other training program or to enable the person to obtain other employment.
106.215(10)(g)2m.
2m. In lieu of a partial incentive payment under
subd. 2. the board may authorize a partial education voucher to a person who is employed as a corps enrollee and who receives a satisfactory employment evaluation upon termination of employment if the person is employed as a corps enrollee for less than a 6-month period of continuous employment and the board determines that employment was terminated because of special circumstances beyond the control of the corps enrollee.
106.215(10)(g)3.
3. The education voucher is valid for 4 years after the date of issuance for the payment of tuition and required program activity fees at any institution of higher education, as defined in
20 USC 1002, that accepts the voucher. The board shall authorize payment to the institution of face value of the voucher upon presentment.
106.215(10)(g)4.
4. No corps enrollee may receive more than 2 incentive payments or 4 education vouchers under this paragraph.
106.215(10)(h)
(h)
Helmets; footwear; safety equipment. The board shall provide each corps enrollee working on a conservation activity with a safety helmet displaying a Wisconsin conservation corps emblem. The board shall require each corps enrollee to have adequate protective footwear, if needed for the project, and may partially reimburse corps enrollees for the cost of obtaining this footwear. The board shall ensure that all other necessary safety equipment is provided for each corps enrollee.
106.215(11)
(11) Qualifications and requirements for corps enrollees. 106.215(11)(a)(a)
Age. In order to qualify for employment as a corps member or an assistant crew leader, a person is required to have attained the age of 18 years but may not have attained the age of 26 years at the time he or she accepts employment. In order to qualify for employment as a crew leader or a regional crew leader, a person is required to have attained the age of 18 years at the time he or she accepts employment.
106.215(11)(b)
(b)
Unemployed. In order to qualify for employment as a corps member, a person is required to be unemployed at the time he or she applies for employment. In order to qualify for employment as an assistant crew leader, a person is required to be either unemployed at the time he or she applies for employment or is required to be employed as a corps member. In order to establish that a person is unemployed at the time of application for employment, the board may require the person to be certified as unemployed by a local job service office.
106.215(11)(c)
(c)
Enrollment period. In order to qualify for employment as a corps enrollee, a person is required to sign a statement of intention to serve in the Wisconsin conservation corps program for a 6-month to one-year period. This statement does not obligate the board to provide employment for the enrollee for that period.
106.215(11)(d)
(d)
Training and skills. No training or skills are required in order to qualify for employment as a corps member. The board shall establish minimum levels of performance, training and skills required to qualify for employment as or promotion to assistant crew leader, crew leader or regional crew leader.
106.215(11)(e)
(e)
Physical examination. No physical examination is required in order to apply for employment as a corps enrollee but the board may require a physical examination after a corps enrollee is employed. The board may accept evidence of a physical examination conducted within one year prior to employment as meeting such a requirement if the examining physician signs a form containing the information required by the board.
106.215(12)(a)(a)
Standards. The board shall establish standards for the selection of full-time and part-time corps enrollees from among those persons who are qualified and seek employment.
106.215(12)(am)
(am)
Employment of certain persons. On and after January 1, 1988, the board shall attempt to hire at least 50% of its corps members from among those persons who are receiving public assistance at the time of application for employment, who have received public assistance within one year of the time of application for employment or who are likely to be eligible for public assistance if they do not obtain employment.
106.215(12)(b)
(b)
Affirmative action plan. The board shall adopt a statewide affirmative action plan and shall comply with the requirements under
s. 230.06 (1) (g) to
(k). The standards established under
par. (a) shall be consistent with this plan.
106.215(12)(c)
(c)
Hiring procedure. The board shall develop procedures for the hiring of corps enrollees in cooperation with the department. The board shall utilize any appropriate local job service office in the area of a project to distribute applications, conduct interviews and evaluate applicants and make recommendations concerning the hiring of corps enrollees. The board may utilize project sponsors who are sponsoring long-term projects to conduct interviews, evaluate applicants and make recommendations concerning the hiring of corps enrollees.
106.215(13)
(13) Enrollment period; evaluation; promotion; discipline. 106.215(13)(a)(a) Enrollment period. The board may authorize the employment of a corps member who is not promoted to assistant crew leader beyond the 6-month to one-year enrollment period for a limited time, not to exceed one year, if the corps member has a disability. The normal enrollment period for a corps member who is promoted to assistant crew leader or for a person who is hired as assistant crew leader is 2 years. The board may authorize the employment of a corps member or assistant crew leader beyond the normal enrollment period for a limited time, not to exceed 3 months, under special circumstances where continued employment is required in order to complete a project in progress. The normal enrollment period for a crew leader or a regional crew leader is 2 years. The board may extend the employment of a crew leader beyond the normal enrollment period if the crew leader possesses special experience, training or skills valuable to the program. The board may extend the employment of a regional crew leader for an unlimited time.
106.215(13)(b)
(b)
Evaluation; promotion; discipline. The board shall establish standards and procedures to evaluate the performance, to determine promotions, for discipline and for termination of employment of corps enrollees.
106.215 History
History: 1983 a. 27,
181;
1985 a. 29 ss.
103m,
104m,
619 to
623x,
3202 (39); Stats. 1985 s. 16.20;
1987 a. 27,
255;
1989 a. 28,
31,
329,
359;
1991 a. 32,
39,
269,
309;
1993 a. 16,
202,
399;
1995 a. 27 ss.
239d to
278; Stats. 1995 s. 106.215;
1995 a. 201,
289;
1995 a. 448 ss.
1,
69;
1997 a. 27,
35,
39,
283;
1999 a. 9;
2001 a. 16,
104.
106.25
106.25
Public insurrection; death and disability benefits. 106.25(1)(a)
(a) "Public insurrection" means a civil disturbance in which a group or groups of persons are simultaneously engaged in acts of violence against persons or property by the illegal use of weapons, by burning, pillaging or looting or by committing any other illegal acts, and which is of such a magnitude as to result in any of the following:
106.25(1)(a)1.
1. Extraordinary utilization of off-duty local law enforcement personnel.
106.25(2)
(2) Death and disability benefits. If the department finds that the injury or death of a state or local government officer or employee arose out of the performance of duties in connection with a public insurrection, and finds that death or disability benefits are payable under
ch. 102, a supplemental award equal to the amount of the benefits, other than medical expense, payable under
ch. 102 shall be made to the persons and in the same manner provided by
ch. 102, except that when benefits are payable under
s. 102.49, a supplemental award equal to one-half the benefits payable under that section shall be made.
106.25(3)
(3) Payments. All payments under this section shall be made from the general fund.
106.25(4)
(4) Benefits additional to all others. Death and disability benefits under this section are in addition to all other benefits provided by state law or by action of any municipality or public agency.
106.25 History
History: 1971 c. 40;
1975 c. 199;
1975 c. 404 s.
7;
1975 c. 405 s.
7; Stats. 1975 s. 101.47;
1977 c. 29 s.
1651;
1995 a. 27 s.
3726; Stats. 1995 s. 106.25;
1995 a. 225.
106.26
106.26
Employment transit assistance program. 106.26(1)(1)
Findings and purpose. The legislature finds that, for many workers and persons seeking employment in outlying suburban and sparsely populated and developed areas, conventional, fixed-route mass transit systems do not provide adequate transportation service. The purpose of the employment transit assistance program under this section is to correct this deficiency in access to employment locations and to stimulate the development of innovative transit service methods.
106.26(2)(a)
(a) "Eligible applicant" means a local public body or a private organization.
106.26(2)(d)
(d) "Project" means a project designed to improve access to jobs, including part-time jobs and Wisconsin works employment positions, as defined in
s. 49.141 (1) (r), located in outlying suburban and sparsely populated and developed areas that are not adequately served by a mass transit system and to develop innovative transit service methods.
106.26(3)
(3) Administration. The department shall administer the employment transit assistance program and shall have all powers necessary and convenient to implement this section, including the following:
