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LRB-5279/1
TJD&EAW:ahe
January 2018 Special Session
2017 - 2018 LEGISLATURE
January 26, 2018 - Introduced by Committee on Senate Organization, Senators
Kapenga, Darling, LeMahieu, Nass, Stroebel, Testin and Wanggaard,
cosponsored by Representatives Vos, Felzkowski, Thiesfeldt, Sanfelippo,
Tusler, Petersen, Duchow, Petryk, Kuglitsch, Tittl, Horlacher, Knodl,
Brandtjen, Murphy, Wichgers, Bernier, Krug, Kleefisch, Rohrkaste,
Katsma, Kremer and Swearingen, by request of Governor Scott Walker.
Referred to Committee on Public Benefits, Licensing and State-Federal
Relations.
SB6,1,6 1An Act to renumber 49.143 (3g) (a) 1., 2., 4., 5. and 6.; to renumber and amend
249.143 (3) and 49.143 (3g) (a) 3.; to consolidate, renumber and amend
349.143 (3g) (a) (intro.) and (b); to amend 49.143 (3) (title); and to create 49.143
4(3) (b) and 49.79 (9) (f) of the statutes; relating to: payments based on
5performance for Wisconsin Works and FoodShare employment and training
6program contractors.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to create and implement
a payment system based on performance for entities that perform administrative
functions for the FoodShare employment and training program, known as FSET.
The bill specifies criteria for the performance outcomes on which the payment system
must be based.
Under current law, the Department of Children and Families is required to
consider certain criteria for performance bonuses for Wisconsin Works agencies.
This bill requires DCF to instead use those criteria for performance-based payments
to Wisconsin Works agencies. The bill does not change the current prohibition for
basing 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.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6,1 1Section 1. 49.143 (3) (title) of the statutes is amended to read:
SB6,2,32 49.143 (3) (title) Performance standards, performance-based payments, and
3bonuses
.
SB6,2 4Section 2. 49.143 (3) of the statutes is renumbered 49.143 (3) (a) (intro.) and
5amended to read:
SB6,2,116 49.143 (3) (a) (intro.) The department shall establish performance standards
7for the administration of Wisconsin works Works. If a Wisconsin works Works
8agency does not meet the standards established under this subsection, the
9department may withhold or recover any or all payment from the Wisconsin works
10Works agency. Performance standards under this paragraph shall be based on all of
11the following criteria:
SB6,3 12Section 3. 49.143 (3) (b) of the statutes is created to read:
SB6,2,1513 49.143 (3) (b) The department shall create and implement a
14performance-based payment system for all contracts under this section based on the
15performance standards established under par. (a).
SB6,4 16Section 4. 49.143 (3g) (a) (intro.) and (b) of the statutes are consolidated,
17renumbered 49.143 (3) (c) and amended to read:
SB6,3,218 49.143 (3) (c) The department shall base any performance bonus calculation
19that it makes for Wisconsin works Works agencies on all of the following performance
20criteria: (b) established under par. (a). The department may not base any
21performance bonus payments on caseload decreases, or reduced spending by the

1Wisconsin works Works agency, that are not directly attributable to placement of
2participants in unsubsidized employment.
SB6,5 3Section 5. 49.143 (3g) (a) 1., 2., 4., 5. and 6. of the statutes are renumbered
449.143 (3) (a) 1., 2., 4., 5. and 6.
SB6,6 5Section 6. 49.143 (3g) (a) 3. of the statutes is renumbered 49.143 (3) (a) 3. and
6amended to read:
SB6,3,97 49.143 (3) (a) 3. The job retention rate, as defined by the department, at
8periodic intervals after placement
of former participants in Wisconsin works Works
9employment positions.
SB6,7 10Section 7. 49.79 (9) (f) of the statutes is created to read:
SB6,3,1511 49.79 (9) (f) 1. Subject to subd. 3., the department shall create and implement
12a payment system based on performance for entities described in par. (a) that
13perform administrative functions for the employment and training program under
14this subsection. The department shall establish performance outcomes for the
15payment system under this paragraph based on all of the following criteria:
SB6,3,1716 a. The placement of participants of the employment and training program
17under this subsection into unsubsidized employment.
SB6,3,1818 b. Whether the placement under subd. 1. a. is full time or part time.
SB6,3,2119 c. The job retention rate, as defined by the department, at periodic intervals
20after placement of former participants in the employment and training program
21under this subsection.
SB6,3,2322 d. Wages and benefits earned by former participants in the employment and
23training program under this subsection.
SB6,3,2524 e. Appropriate implementation of the employment and training program under
25this subsection.
SB6,4,1
1f. Customer satisfaction.
SB6,4,42 2. The department shall ensure that the payment system under this paragraph
3does not effect the moneys available for supportive services for participants in the
4program under this subsection.
SB6,4,75 3. If approval by the U.S. department of agriculture is required to implement
6the payment system and the U.S. department of agriculture does not approve, the
7department may not implement the payment system under this paragraph.
SB6,8 8Section 8 . Initial applicability.
SB6,4,14 9(1) Pay for performance; Wisconsin Works and FoodShare employment and
10training programs.
The treatment of sections 49.143 (3) (title) and (3g) (a) (intro.),
111., 2., 3., 4., 5., and 6. and (b) and 49.79 (9) (f) of the statutes, the renumbering and
12amendment of section 49.143 (3), and the creation of section 49.143 (3) (b) of the
13statutes first apply to contracts that are entered into or renewed on the effective date
14of this subsection.
SB6,4,1515 (End)
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