1995 Wisconsin Act 27

27,2898n Section 2898n. 49.26 (1) (gm) 1. of the statutes is created to read:

49.26 (1) (gm) 1. Monitor on a monthly basis the individual's school attendance.

27,2898p Section 2898p. 49.26 (1) (h) 1. am. and as. of the statutes are created to read:

49.26 (1) (h) 1. am. The individual is not enrolled in school or has more than 2 absences without an acceptable excuse under ss. 118.15 and 118.16 in any calendar month.

as. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1. am. in a hearing under s. 49.21 (1). The department shall determine by rule the criteria for good cause.

27,2898r Section 2898r. 49.26 (1) (h) 1m. a., b. and c. of the statutes are created to read:

49.26 (1) (h) 1m. a. The county department under s. 46.215, 46.22 or 46.23 complies with par. (gm) 1.

b. The individual is not enrolled in school or has more than 2 absences without an acceptable excuse under ss. 118.15 and 118.16 in any calendar month.

c. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1m. b. at a hearing under s. 49.21 (1). The department shall determine by rule the criteria for good cause.

27,2899 Section 2899 . 49.27 (2) of the statutes is amended to read:

49.27 (2) Waiver; applicability. The department shall request a waiver from the secretaries of the federal department of health and human services and the federal department of agriculture to conduct a work-not-welfare pilot program as part of the aid to families with dependent children program under s. 49.19, the food stamp program under 7 USC 2011 to 2029 and the medical assistance program under ss. 49.45 to 49.47 subch. IV. If the department receives the federal waivers and if sufficient funds are available, the department shall pilot the program, beginning on January 1, 1995, in one or more pilot counties selected by the department. If a pilot county is a county in which a demonstration project under s. 49.19 (11m) is being conducted or a county selected for participation in the parental responsibility pilot program under s. 49.25, the department shall promulgate rules regarding the relationship between the work-not-welfare pilot program and the other demonstration or pilot programs operating in the pilot counties. These rules shall provide that a person may not be required to participate in more than one of these demonstration or pilot programs at a time. Subsections (3) to (11) apply only while the waiver is in effect and the department is conducting the program.

27,2899m Section 2899m. 49.27 (4) (a) 2. of the statutes is amended to read:

49.27 (4) (a) 2. The portion of the benefit amount calculated under par. (c) 1. for the work-not-welfare group equals $0, for a reason other than a sanction under sub. (5) (f), an adult caretaker in the work-not-welfare group has earned income and the work-not-welfare group elects to apply for food coupons under 42 USC 2011 to 2029 in lieu of a cash benefit determined under this subsection.

27,2900 Section 2900 . 49.27 (4) (c) 1. e. of the statutes is amended to read:

49.27 (4) (c) 1. e. The portion of the benefit amount calculated under this subdivision is based on the average income of the work-not-welfare group, estimated prospectively for a 6-month period, except that for the first 2 months for which benefits calculated under this paragraph are paid the portion of the benefit amount calculated under this subdivision is based on the estimated average income for those first 2 months.

27,2901 Section 2901 . 49.27 (4) (d) 2. b. of the statutes is amended to read:

49.27 (4) (d) 2. b. A person in the work-not-welfare group is sanctioned under sub. (5) (f) or s. 49.12, 49.123 (2), 49.127, 49.19 (4) (h) 2. or, 49.29, 49.49 or 49.95.

27,2902 Section 2902 . 49.27 (4) (d) 2. c. of the statutes is amended to read:

49.27 (4) (d) 2. c. A person in the work-not-welfare group obtains a new source of unsubsidized employment or experiences an increase or a decrease in unsubsidized employment of 10 or more hours per week.

27,2903 Section 2903 . 49.27 (4) (d) 2. em. of the statutes is created to read:

49.27 (4) (d) 2. em. The work-not-welfare group experiences an increase or decrease in child care expenses of more than $50 per month or a change in the maximum allowable child care disregard under s. 49.19 (5) (a) 4s.

27,2904 Section 2904 . 49.27 (4) (d) 2. f. of the statutes is amended to read:

49.27 (4) (d) 2. f. The combined equity value of all of a work-not-welfare group's assets exceeds the limitation in s. 49.19 (4) (bm), except as permitted under s. 49.19 (4) (bu) or (by).

27,2905 Section 2905 . 49.27 (4) (g) 1. a. of the statutes is amended to read:

49.27 (4) (g) 1. a. The person receives or has been determined to be eligible for a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 for the month.

27,2906 Section 2906 . 49.27 (4) (g) 1. a. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.27 (4) (g) 1. a. The person receives or has been determined to be eligible for a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 49.77 for the month.

27,2907 Section 2907 . 49.27 (4) (g) 1. c. of the statutes is amended to read:

49.27 (4) (g) 1. c. The person is required to attend school as part of the learnfare program under s. 49.50 (7) 49.26.

27,2908 Section 2908 . 49.27 (5) (c) 1. of the statutes is amended to read:

49.27 (5) (c) 1. The person is ill, incapacitated or of an advanced age within the meaning of 7 42 USC 602 (a) (19) (C) (i).

27,2909 Section 2909 . 49.27 (5) (c) 3. of the statutes is amended to read:

49.27 (5) (c) 3. The person receives a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 49.77 for that month.

27,2910 Section 2910 . 49.27 (5) (c) 5. of the statutes is amended to read:

49.27 (5) (c) 5. The person is required to attend school as part of the learnfare program under s. 49.50 (7) 49.26.

27,2911 Section 2911 . 49.27 (5) (f) of the statutes is amended to read:

49.27 (5) (f) Sanctions. If, after the first month for which a work-not-welfare group receives cash benefits determined under sub. (4), a person in the work-not-welfare group fails to meet the employment and training requirements under this subsection in a month, the work-not-welfare group may be sanctioned by reducing, or by not paying, the benefit amount determined under sub. (4) for that month. For purposes of the maximum number of monthly benefit payments permitted under sub. (4) (e), a work-not-welfare group shall be considered to have received a monthly benefit in a month in which, as a result of sanctions under this paragraph, a reduced monthly benefit or no monthly benefit is paid. The notice requirement under s. 49.193 (9) and the fair hearing and review provisions under s. 49.50 (8) 49.21 (1) apply to a sanction imposed under this paragraph.

27,2912 Section 2912 . 49.27 (6) (c) of the statutes is amended to read:

49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 46.98 (1) (am). The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.50 (6g) 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 46.98 (4) (d), or, if a higher rate is established under s. 46.98 (4) (e) and if the child care services meet the quality standards established under s. 46.98 (4) (e), the rates for child care services under this paragraph that meet those standards shall be determined under s. 46.98 (4) (e). The department shall promulgate rules for the disbursement of funds under this paragraph.

27,2914 Section 2914 . 49.27 (10) (e) of the statutes is amended to read:

49.27 (10) (e) Child support assistance. From the appropriation under s. 20.435 (4) (ci) (cb), the department may provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

27,2915b Section 2915b. 49.27 (10) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.27 (10) (e) Child support assistance. From the appropriation under s. 20.435 (4) (3) (cb), the department of health and social services may provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

27,2916 Section 2916 . 49.27 (11) (c) of the statutes is amended to read:

49.27 (11) (c) Issue food coupons in administering the food stamp program under s. 46.215 (1) (k) or 46.22 (1) (b) 5. 2. d. without regard to sub. (4) (c) 2.

27,2917 Section 2917 . 49.27 (11) (g) of the statutes is amended to read:

49.27 (11) (g) Administer the job opportunities and basic skills program under s. 49.193 and the food stamp employment and training program under s. 49.124 (1m) without regard to any of the provisions in sub. (5), including the hours-of-participation requirement under sub. (5) (d) and the sanctions provisions under sub. (5) (f).

27,2918 Section 2918 . 49.275 of the statutes is created to read:

49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter and in other matters of mutual concern under this subchapter pertaining to public welfare.

27,2919 Section 2919 . 49.29 (title) of the statutes is created to read:

49.29 (title) Loss of eligibility.

27,2920 Section 2920 . 49.30 (1) (intro.) of the statutes is amended to read:

49.30 (1) (intro.) If any recipient of benefits under s. 49.046, 49.177 or 49.46, or under 42 USC 1381 to 1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial and actual cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under s. 46.215, 46.22 or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

27,2921 Section 2921 . 49.30 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2920 , is amended to read:

49.30 (1) (intro.) If Except as provided in sub. (1m), if any recipient of benefits under s. 49.046, 49.177 or 49.46, or under 42 USC 1381 to 1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under s. 46.215, 46.22 or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient all of the following:

27,2922 Section 2922 . 49.30 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2920 and 2921, is amended to read:

49.30 (1) (intro.)  Except as provided in sub. (1m), if any recipient of benefits under s. 49.177 or 49.46 or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under s. 46.215, 46.22 or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

27,2923 Section 2923 . 49.30 (1) (a) of the statutes is amended to read:

49.30 (1) (a) The full amount of actual lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.

27,2924b Section 2924b. 49.30 (1) (b) of the statutes is amended to read:

49.30 (1) (b) Except as provided under sub. (2), the The lesser of $650 in state fiscal year 1989-90 and $1,000 in each state fiscal year thereafter or the funeral and burial expenses not paid by the estate of the deceased and other persons.

27,2925d Section 2925d. 49.30 (1m) of the statutes is created to read:

49.30 (1m) (a) If the total cemetery expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under sub. (1) (a).

(b) If the total funeral and burial expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under sub. (1) (b).

27,2926 Section 2926 . 49.30 (2) of the statutes is amended to read:

49.30 (2) The state shall reimburse a county or applicable tribal governing body or organization for any amount paid that the county or applicable tribal governing body or organization is required to pay under sub. (1) (a). The state shall reimburse a county or applicable tribal governing body or organization for the amount paid under sub. (1) (b) if the total amount of actual expenses paid for a deceased recipient under sub. (1) (b) does not exceed the amount specified in sub. (1) (b). If the total amount of actual expenses paid for a deceased recipient under sub. (1) (b) exceeds the amount specified in sub. (1) (b), the state may not reimburse a county or applicable tribal governing body or organization for such amount unless cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.

27,2927 Section 2927 . 49.32 (title), (1), (2) and (6) of the statutes are created to read:

49.32 (title) Department; powers and duties. (1) Uniform fee schedule, liability and collections. (a) The department shall establish a uniform system of fees for services provided or purchased under this subchapter by the department, or a county department under s. 46.215, 46.22 or 46.23, except where, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22 or 46.23 shall apply the fees which it collects under this program to cover the cost of such services.

(b) Any person receiving services provided or purchased under par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par. (a).

(c) The department shall make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring an action in the name of the department to enforce the liability established under par. (b).

(d) The department may compromise or waive all or part of the liability for services received. The sworn statement of the secretary shall be evidence of the services provided and the fees charged for the services.

(e) The department may delegate to county departments under s. 46.215, 46.22 or 46.23 and other providers of care and services the powers and duties vested in the department by pars. (c) and (d) as it considers necessary to efficiently administer this subsection, subject to such conditions as the department considers appropriate.

(g) The department shall return to county departments under s. 46.215, 46.22 or 46.23 50% of collections made by the department for delinquent accounts previously delegated under par. (e) and then referred back to the department for collections.

(2) Payment of benefits. (a) The department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. The department may charge the counties for the cost of operating public assistance systems which make such payments.

(b) The department may make social services payments directly to recipients, vendors or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have such payments made on their behalf.

(c) A county department under s. 46.215, 46.22 or 46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. A county department under s. 46.215, 46.22 or 46.23 shall provide the department all necessary information in the manner prescribed by the department.

(d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 49.33 (8) and (9).

(6) Welfare reform studies. The department shall request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the learnfare school attendance requirement under s. 49.26 (1) (g) and the modification of the earned income disregard under s. 49.19 (5) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs and providing financial incentives and in identifying barriers to independence.

27,2928 Section 2928 . 49.32 (8) of the statutes is created to read:

49.32 (8) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of aid to families with dependent children under s. 49.19 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.95 when warranted. The department shall use the state wage reporting system under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks.

27,2929 Section 2929 . 49.32 (9) (title) of the statutes is created to read:

49.32 (9) (title) Monthly reports of recipients of aid to families with dependent children.

27,2930 Section 2930 . 49.32 (10) (title) of the statutes is created to read:

49.32 (10) (title) Release of recipient's addresses to law enforcement officers.

27,2932 Section 2932 . 49.325 of the statutes is created to read:

49.325 County department budgets and contracts. (1) Budget. (a) Each county department under s. 46.215, 46.22 or 46.23 shall submit its final budget for services directly provided or purchased under this subchapter to the department by December 31 annually.

(b) The department shall submit a model of the contract under sub. (2g) (a) to each county department under s. 46.215, 46.22 or 46.23 by May 1 annually.

(2) Assessment of needs. Before developing and submitting a proposed budget for services directly provided or purchased under this subchapter to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

(2g) Contract. (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for services directly provided or purchased under this subchapter and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.