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, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
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, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
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 employee 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 is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
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 Cross-reference
Cross Reference: See also ch.
DWD 12, Wis. adm. code.
49.143
49.143
Wisconsin works; agency contracts. 49.143(1)(a)(a) Except as provided in
par. (ar), the department may do any of the following:
49.143(1)(a)1.
1. 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 competitive process shall include cost and prior experience criteria.
49.143(1)(a)2.
2. Contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department under
sub. (3), during the immediately preceding contract period.
49.143(1)(ag)
(ag) A contract entered into under
par. (a) 2. shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under
par. (a) 2. if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election. A Wisconsin works agency that has not met the performance standards established by the department under
sub. (3) may apply for a contract under the competitive process established under
par. (a) 1.
49.143(1)(ar)
(ar) If the department changes the geographical areas for which a Wisconsin works agency administers Wisconsin works as provided under
sub. (6), the department shall award contracts on the basis of the competitive process established by the department under
par. (a) 1. regardless of whether a Wisconsin works agency has met the performance standards established by the department under
sub. (3) and is eligible to contract with the department under
par. (a) 2.
49.143(1)(ay)
(ay) A county or tribal governing body that enters into a contract under
par. (a) but elects not to compete for a subsequent contract under
par. (a) 1. shall provide the notice required under this paragraph at least 6 months prior to the expiration of its contract under
par. (a). A county or tribal governing body that elects not to enter into a contract under
par. (a) 2. or to compete for a contract under
par. (ag) shall provide the notice required under this paragraph by the date established by the department, by rule, under
par. (ag). The notice shall be provided to all employees 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 employees, if any. The notice shall inform the employees 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 employees may be laid off as a result of that election; that the employees may wish to consider forming a private agency to bid on the contract under
par. (a) 1.; that the employees may obtain information from the department on the competitive process under
par. (a) 1. and the contract requirements under this section; and that the employees may obtain information from the department on steps that the employees might take to organize themselves to form a private agency for the purposes of competing for a contract under
par. (a) 1. The department shall provide the information specified in this paragraph upon the request of any employee 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), the department shall administer Wisconsin works in that geographical area.
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 council on workforce investment established under
29 USC 2821 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.
49.143(2)(ct)
(ct) Return to the department an amount equal to the total amount of benefits withheld under
s. 49.148 for missed work or education and training activities.
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)(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)(es)
(es) Provide to every individual who requests assistance from the Wisconsin works agency a single-page description of all of the benefits and services that may be provided to any individual by the Wisconsin works agency. The department shall develop the description and distribute it to all Wisconsin works agencies. The department shall update the description as frequently as necessary to reflect all benefits and services that may be offered by Wisconsin works agencies.
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 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(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.
49.143(2m)(c)
(c) Coordinate with volunteer organizations for food collection activities.
49.143(2m)(d)
(d) Seek ongoing periodic commitments of donations from individuals, businesses, religious associations and civic groups.
49.143(2m)(f)
(f) Establish a subcommittee of the community steering committee that includes qualified aliens and that may do any of the following:
49.143(2m)(f)1.
1. Develop flyers identifying culture-specific foods and preferred packaging of donated food.
49.143(2m)(f)2.
2. Plan meal-oriented social events for mentors and qualified aliens.
49.143(2m)(g)
(g) Obtain culture-specific food from statewide food banks.
49.143(3)
(3) Performance standards. The department shall establish performance standards for the administration of Wisconsin works. If a Wisconsin works agency does not meet the standards established under this subsection, the department may withhold or recover any or all payment from the Wisconsin works agency.
49.143(3g)(a)(a) The department shall base any performance bonus calculation that it makes for Wisconsin works agencies on all of the following performance criteria:
49.143(3g)(a)1.
1. The placement of participants in Wisconsin works employment positions into unsubsidized employment, as defined in
s. 49.147 (1) (c).
49.143(3g)(a)3.
3. The job retention rate, as defined by the department, of former participants in Wisconsin works employment positions.
49.143(3g)(a)4.
4. Wages and benefits earned by former participants in Wisconsin works employment positions.
49.143(3g)(b)
(b) The department may not base any performance bonus payments on caseload decreases, or reduced spending by the Wisconsin works agency, that are not directly attributable to placement of participants in unsubsidized employment.
49.143(4)
(4) Audits. The department may require a Wisconsin works agency to submit to an independent annual audit paid for by the Wisconsin works agency.
49.143(5)(a)(a) In accordance with rules promulgated by the department, a Wisconsin works agency may request from any person any information that it determines appropriate and necessary for the administration of Wisconsin works. Any person in this state shall provide this information within 7 days after receiving a request under this paragraph. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency. The Wisconsin works agency may disclose information obtained under this paragraph only in the administration of Wisconsin works. The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse strictly confidential, except to the extent needed to administer Wisconsin works.
49.143(5)(b)
(b) The department may request from any Wisconsin works agency any information that the department determines appropriate and necessary for the overall administration of Wisconsin works. A Wisconsin works agency shall provide the department with the requested information in the manner prescribed by the department by rule.
49.143(5)(c)
(c) The department may inspect at any time any Wisconsin works agency's records as the department determines is appropriate and necessary for the overall administration of Wisconsin works.
49.143(5)(d)
(d) The legislative audit bureau may inspect at any time any Wisconsin works agency's records as the legislative audit bureau determines appropriate and necessary. If, in inspecting a Wisconsin works agency's records, the legislative audit bureau inspects the records of individual participants, the legislative audit bureau shall protect the confidentiality of those records.
49.143(6)
(6) Geographical areas. The department shall determine the geographical area for which a Wisconsin works agency will administer Wisconsin works. Except for federally recognized American Indian reservations and in counties with a population of 500,000 or more, no geographical area may be smaller than one county. A geographical area may include more than one county. The department need not establish the geographical areas by rule.
49.145
49.145
Wisconsin works; eligibility for employment positions. 49.145(1)(1)
General eligibility. In order to be eligible for Wisconsin works employment positions and job access loans for any month, an individual shall meet the eligibility requirements under
subs. (2) and
(3). The department may promulgate rules establishing additional eligibility criteria and specifying how eligibility criteria are to be administered. The department may promulgate rules establishing payment and reporting periods as needed to administer this subsection.
49.145(2)
(2) Nonfinancial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan in a month only if all of the following nonfinancial eligibility requirements are met:
49.145(2)(c)
(c) The individual is a U.S. citizen or a qualifying alien, as defined by the department by rule.
49.145(2)(d)
(d) The individual has residence in this state.
49.145(2)(f)1.a.
a. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing the paternity of any minor child of that parent regardless of whether the parent is the custodial or noncustodial parent of that child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.145(2)(f)1.b.
b. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, regardless of whether the parent is the custodial or noncustodial parent of the minor child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to collection of support payments and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.145(2)(f)2.
2. An individual who is a member of a Wisconsin works group that fails 3 times to meet the requirements under
subd. 1. remains ineligible until all of the members of Wisconsin works group cooperate or for a period of 6 months, whichever is later.
49.145(2)(g)
(g) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary, consistent with rules promulgated by the department, within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency.
