AB576: Bill Text

AB576,1,12 An Act to repeal 49.032 (1) (a); to renumber 49.176; to renumber and amend 49.41 and 49.53 (1m); to amend 20.435 (7) (ee), 46.208, 49.015 (2), 49.032 (1) (a), 49.19 (3) (a), 49.19 (3) (a), 49.41, 49.53 (1m), 812.30 (9), 812.30 (9), 812.44 (4), 812.44 (4), 812.44 (5), 812.44 (5), 814.29 (1) (d) 1. and 814.29 (1) (d) 1.; to repeal and recreate 46.208 and 49.015 (2); to create 20.435 (7) (ee) and 49.176 of the statutes; and to affect 1995 Wisconsin Act 27, sections 2939 and 2940, 1995 Wisconsin Act 27, sections 3143 and 3144, 1995 Wisconsin Act 27, section 9426 (13) (a) and 1995 Wisconsin Act 27, section 9426 (14); relating to: temporary assistance for applicants for the federal supplemental security income program, eligibility for the general relief program, providing an exemption from emergency rule-making procedures, granting rule-making authority and making an appropriation.

Analysis by the Legislative Reference Bureau

Under federal law, certain aged, blind or disabled individuals are eligible for payments under the federal supplemental security income (SSI) program. Under current state law, the state supplements the federal SSI program by making state supplemental payments to eligible individuals. This bill creates a temporary assistance program to provide benefits to individuals who have applied for benefits under the SSI program, but have not yet begun receiving benefits under that program. The temporary assistance program created by the bill includes the following features:

1. County or tribal governing body participation. A county or tribal governing body (TGB) may elect to establish a schedule of monthly benefits to be paid to individuals eligible for temporary assistance. In order to be eligible for partial reimbursement of the costs of providing temporary assistance, the county or TGB must meet certain conditions. The county or TGB must adopt a resolution authorizing participation in the temporary assistance program, must submit a plan to the department of health and social services (DHSS), must obtain DHSS approval of the plan and must operate the program in accordance with the approved plan.

2. Eligibility criteria. An individual is eligible for payments under the temporary assistance program if the individual resides in a participating county or on tax-free land where the TGB has elected to participate, meets certain state residency requirements, has applied for SSI but not yet begun receiving benefits under the SSI program, agrees to repay the county or TGB for temporary assistance benefits paid to him or her from any SSI benefits that he or she receives and agrees to provide the county or TGB with certain information. In addition to meeting these requirements, the county or TGB must determine that the individual is likely to be eligible for benefits under the SSI program. The bill requires DHSS to promulgate rules regarding the form of the repayment agreements under which the individual agrees to repay temporary assistance benefits and to promulgate rules establishing standards for a county or TGB to use in determining whether an individual is likely to be eligible for benefits under the SSI program.

3. Benefits. The county or TGB must include in its plan, submitted to DHSS for approval, a schedule of benefits to be paid to recipients under the temporary assistance program. Under this schedule, the amount of the monthly benefit for any class of temporary assistance applicants may not exceed the county's or TGB's estimate of the average monthly supplemental security income benefit for that class of applicants, if all individuals in that class were found to be eligible for SSI benefits. DHSS is required to promulgate rules to be used by the counties or TGBs in estimating monthly SSI benefits.

4. Partial state reimbursement. Under the bill, if a county or TGB meets the criteria for participating in the temporary assistance program, DHSS provides partial reimbursement to the county or TGB for expenses incurred in providing temporary assistance benefits. The amount of the reimbursement is determined by subtracting any amounts recovered by the county, under benefit recovery provisions or under repayment agreements, from the expenses incurred in providing temporary assistance benefits and by multiplying the result by 85%. The bill specifies filing requirements for obtaining partial reimbursement and deadlines for payment of the partial reimbursement by DHSS. Reimbursement is made from a sum sufficient appropriation created in the bill.

5. Waiver. The bill requires DHSS to seek a waiver from the federal department of health and human services to allow DHSS to share information with counties and TGBs information that it has regarding the eligibility of persons receiving temporary assistance benefits. If the waiver is granted, the bill directs DHSS to implement a system of information sharing with the counties and TGBs to prevent temporary assistance benefits from being paid to individuals who are not eligible. However, the implementation of the temporary assistance program is not contingent upon receipt of a federal waiver.

6. General relief changes. The temporary assistance program in the bill generally takes effect on January 1, 1996, the date on which 1995 Wisconsin Act 27 repeals the general relief program and creates a relief block grant program. The bills amends the general relief provisions in effect prior to January 1, 1996, to allow a county to limit eligibility for general relief cash benefit to a specific class or classes of dependent persons.

7. Miscellaneous provisions. The bill requires the county or TGB to seek recovery of any benefits incorrectly paid to a temporary assistance recipient as a result of fraud on the part of the recipient. The bill contains provisions regarding maintaining confidentiality of information regarding temporary assistance recipients, subject to certain exceptions for disclosure of information to law enforcement officers. The bill prohibits an individual from being eligible for relief under the relief block grant program or under the aid to families with dependent children program in the same month that the individual has received temporary assistance benefits, or in which temporary assistance benefits were immediately available to the individual. The bill contains provisions exempting temporary assistance benefits from garnishment or attachment and permitting DHSS to audit the temporary assistance program records of counties and TGBs. The bill grants DHSS emergency rule-making authority to promulgate the rules required under the bill.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local 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:

AB576, s. 1 Section 1. 20.435 (7) (ee) of the statutes is created to read:

AB576,3,4 20.435 (7) (ee) Temporary assistance to supplemental security income applicants. A sum sufficient to make payments under s. 49.176 (5) to counties and tribal governing bodies.

AB576, s. 2 Section 2. 20.435 (7) (ee) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB576,4,3 20.435 (7) (ee) Temporary assistance to supplemental security income applicants. A sum sufficient to make payments under s. 49.176 49.78 (5) to counties and tribal governing bodies.

AB576, s. 3 Section 3. 46.208 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB576,4,10 46.208 Relief block grants; functions of state department. (1) All records of the county or tribal governing body relating to the administration of relief that is funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB576,4,19 (2m) The department may at any time audit all records of the county relating to the administration of relief funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22 or 46.23. The department shall furnish a copy of the county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22 or 46.23.

AB576, s. 4 Section 4. 46.208 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,5,2 46.208 Relief block grants; functions of state department. (1) All records of the county or tribal governing body relating to the administration of relief that is funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 49.78 shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB576,5,11 (2m) The department may at any time audit all records of the county relating to the administration of relief funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 49.78 and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22 or 46.23. The department shall furnish a copy of the county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22 or 46.23.

AB576, s. 5 Section 5. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB576,5,19 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19, temporary assistance under s. 49.176 or supplemental security income under 42 USC 1381 to 1383c or in which aid to families with dependent children, temporary assistance or supplemental security income benefits are immediately available to the individual.

AB576, s. 6 Section 6. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,6,2 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19, temporary assistance under s. 49.176 49.78 or supplemental security income under 42 USC 1381 to 1383c or in which aid to families with dependent children, temporary assistance or supplemental security income benefits are immediately available to the individual.

AB576, s. 7 Section 7. 49.032 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2717b, is amended to read:

AB576,6,13 49.032 (1) (a) Unless a county makes an election not to provide nonmedical benefits under sub. (2) (a), the general relief agency in that county shall make a benefit payment at least monthly in accordance with written criteria determined by the general relief agency. The written criteria may include eligibility criteria that limit payments to a specific class or classes of dependent persons. Depending on the type and amount of the eligible dependent person's income or resources, if any, or number of days or type of need during a month, the benefit payments under this section may be adjusted in accordance with written criteria established by the general relief agency.

AB576, s. 8 Section 8. 49.032 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB576, s. 9 Section 9. 49.176 of the statutes is created to read:

AB576,6,20 49.176 Temporary assistance to supplemental security income applicants. (1) Definitions. In this section, "supplemental security income program" means the federal supplemental security income program under 42 USC 1381 to 1383d.

AB576,6,22 (2) County eligibility. A county or tribal governing body is eligible for reimbursement under sub. (5) if all of the following conditions are met:

AB576,6,24 (a) The county board or tribal governing body adopts a resolution authorizing participation in the temporary assistance program under this section.

AB576,7,3 (b) The county or tribal governing body submits to the department a plan for providing benefits under this section in a year. The plan shall include all of the following:

AB576,7,5 1. The benefit schedule that the county or tribal governing body has established under sub. (4).

AB576,7,7 2. How the county or tribal governing body intends to recover amounts under repayment agreements under sub. (3) (d).

AB576,7,8 3. Other information required by the department by rule.

AB576,7,11 (c) The department has approved the plan under par. (b). The department shall approve or disapprove the plan within a reasonable period of time after the plan is submitted.

AB576,7,14 (d) The county or tribal governing body operates the program under this section in conformity with the plan submitted under par. (b), as may be amended from time to time by the county or tribal governing body, with the approval of the department.

AB576,7,16 (3) Individual eligibility criteria. An individual is eligible for temporary assistance under this section if the individual meets all of the following conditions:

AB576,7,18 (a) The individual resides in a county or on tax-free land that is eligible, under sub. (2), to receive reimbursement under sub. (5).

AB576,7,20 (b) The individual meets the state residency requirements under s. 49.015 (1m) for relief funded by a relief block grant under s. 49.025, 49.027 or 49.029.

AB576,7,22 (c) The individual has applied for benefits under the supplemental security income program, but has not yet begun to receive benefits under that program.

AB576,8,2 (d) The individual agrees to repay the county or tribal governing body for the benefits provided under this section from any supplemental security income benefits received by the individual. The department shall promulgate rules regarding the form of repayment agreements under this section.

AB576,8,6 (e) The individual agrees to provide the county or tribal governing body with any information necessary for the county or tribal governing body to obtain repayment under par. (d) or to determine continued eligibility for, or the amount of, benefits under this section.

AB576,8,10 (f) The county or tribal governing body determines that the individual is likely to be eligible for benefits under the supplemental security income program. The department shall promulgate rules establishing standards to be used by a county or tribal governing body in making a determination under this paragraph.

AB576,8,19 (4) Benefits. A county or tribal governing body may establish a schedule of monthly benefits to be paid to individuals eligible under sub. (3). The amount of the monthly benefit for any class of applicants may not exceed the county or tribal governing body's estimate of the average monthly supplemental security income benefit for that class of applicants, if all individuals in that class were found to be eligible for benefits under the supplemental security income program. The department shall promulgate rules establishing standards to be used by counties or tribal governing bodies that elect to provide benefits under this subsection in estimating monthly supplemental security income benefits.

AB576,8,25 (5) Reimbursement. (a) Amount of reimbursement. If a county or tribal governing body is eligible to receive reimbursement under this section, the department shall pay, from the appropriation under s. 20.435 (7) (ee) and as partial reimbursement to the county or tribal governing body for expenses in providing benefits under a program under this section in a particular year, an amount determined as follows:

AB576,9,4 1. The department shall subtract the amount that the county or tribal governing body has recovered under sub. (6) or under repayment agreements under sub. (3) (d) in that year from the county's or the tribal governing body's cost of providing benefits under this section in that year.

AB576,9,6 2. The department shall multiply the amount determined under subd. 1. by 85%.

AB576,9,13 (b) Filing requirements. Each county or tribal governing body that is eligible for reimbursement under this subsection shall prepare an annual report, prepared in accordance with rules promulgated by the department, detailing the amount that it has recovered under repayment agreements under sub. (3) (d) in that year and the cost of benefits provided under this section in that year. The report shall be filed with the department no later than March 1 of the year immediately following the year for which the reimbursement is claimed.

AB576,9,19 (c) Deadline for payment of reimbursement. The department shall provide the reimbursement under par. (a) to each eligible county or tribal governing body no later than July 31 of the year immediately following the year for which reimbursement is claimed or within 30 days after the effective date of the act that provides funding for that year for the appropriation from which the reimbursement is paid, whichever is later.

AB576,9,22 (6) Recovery. The county or tribal governing body shall seek to recover any benefits incorrectly paid under this section as a result of fraud on the part of the recipient.

AB576,9,24 (7) Disclosure of information to law enforcement. (a) A county or tribal governing body shall, upon request, provide all of the following information concerning each person receiving temporary assistance during that month to a law enforcement officer for use under par. (b):

AB576,10,3 1. Name, including middle initial, address, date of birth and gender.

AB576,10,4 2. Temporary assistance case number.

AB576,10,7 (b) 1. A law enforcement officer may review information provided under par. (a) to determine whether an outstanding warrant has been issued for the arrest of a recipient of temporary assistance.

AB576,10,11 2. If a law enforcement officer believes, on reasonable grounds, that an outstanding warrant has been issued for the arrest of a temporary assistance recipient, the law enforcement officer may request that a law enforcement officer be notified when the recipient appears to obtain his or her check.

AB576,10,14 3. At the request of a law enforcement officer under subd. 2., a county employe who disburses temporary assistance checks may notify a law enforcement officer when the recipient appears to obtain a temporary assistance check.

AB576,10,23 (8) Waiver. The department of health and social services shall seek a waiver from the federal department of health and human services to allow the department of health and social services to share, with counties and tribal governing bodies receiving reimbursement under sub. (5), information that the department of health and social services possesses regarding the eligibility of persons receiving benefits under this section for supplemental security income benefits. If the waiver is granted and in effect, the department of health and social services shall implement a system to share this information with counties and tribal governing bodies to prevent benefits under this section from being paid to individuals who are not eligible.

AB576, s. 10 Section 10. 49.176 of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.78.

AB576, s. 11 Section 11 . 49.19 (3) (a) of the statutes is amended to read:

AB576,11,8 49.19 (3) (a) After the investigation and report and a finding of eligibility, aid as defined in sub. (1) shall be granted by the county department under s. 46.215 or 46.22 as the best interest of the child requires. No such aid shall be furnished any person for any period during which that person is receiving supplemental security income or temporary assistance under s. 49.176 or for any month if, on the last day of the month, that person is participating in a strike or to any person who fails to apply for or provide such social security account numbers as required by federal law.

AB576, s. 12 Section 12 . 49.19 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB576,11,18 49.19 (3) (a) After the investigation and report and a finding of eligibility, aid as defined in sub. (1) shall be granted by the county department under s. 46.215 or 46.22 as the best interest of the child requires. No such aid shall be furnished any person for any period during which that person is receiving supplemental security income or temporary assistance under s. 49.176 49.78 or for any month if, on the last day of the month, that person is participating in a strike or to any person who fails to apply for or provide such social security account numbers as required by federal law.

AB576, s. 13 Section 13. 49.41 of the statutes is amended to read:

AB576,11,25 49.41 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154), temporary assistance benefits under s. 49.176 and benefits under ss. 49.032, 49.046 and s. 49.177 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

AB576, s. 14 Section 14. 49.41 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.96 and amended to read:

AB576,12,8 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154), temporary assistance benefits under s. 49.176 49.78 and benefits under and s. 49.177 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

AB576, s. 15 Section 15. 49.53 (1m) of the statutes is amended to read:

AB576,12,18 49.53 (1m) Except as provided under sub. (2), or (3) or (4), no person may use or disclose information concerning applicants and recipients of general relief under s. 49.02 funded by a relief block grant, temporary assistance under s. 49.176, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB576, s. 16 Section 16. 49.53 (1m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.83 and amended to read:

AB576,13,4 49.83 Except as provided under sub. (2) or (3) s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, temporary assistance under s. 49.176 49.78, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB576, s. 17 Section 17 . 812.30 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB576,13,11 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical assistance, temporary assistance under s. 49.176, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB576, s. 18 Section 18 . 812.30 (9) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,13,18 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical assistance, temporary assistance under s. 49.176 49.78, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB576, s. 19 Section 19 . 812.44 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB576,13,22 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35 (4) shall be in substantially the following form:

AB576,13,23 STATE OF WISCONSIN

AB576,13,24 CIRCUIT COURT:.... County

AB576,14,2 A.B., Creditor

AB576,14,3 vs. File or Reference Number....

AB576,14,4 C.D., Debtor EXEMPTION NOTICE