1995 Wisconsin Act 289

289,147m Section 147m. 49.27 (3) (a), (b) and (c) and (4) (a) (intro.) of the statutes are amended to read:

49.27 (3) (a) The person resides in a pilot county; is receiving, or is the caretaker of a child who is receiving, aid to families with dependent children benefits, other than benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats., on January 1, 1995; and has had a regularly scheduled reinvestigation under s. 49.19 (5) (e) after January 1, 1995.

(b) The person resides in a pilot county and applies for aid to families with dependent children benefits, other than benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats., for himself or herself or for a dependent child, on or after January 1, 1995.

(c) The person moves to a pilot county on or after January 1, 1995, and, at the time of the move, the person is receiving, or is the caretaker of a child who is receiving, aid to families with dependent children benefits, other than benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats.

(4) (a) Relation with other public assistance benefits. (intro.) Except as determined under this subsection or sub. (7) or (11) (a) to (f), a member of a work-not-welfare group may not receive an aid to families with dependent children benefit, other than aid to families with dependent children benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats. Except as determined under this subsection or sub. (11) (a) to (f), a member of a work-not-welfare group may not receive food stamp benefits under 7 USC 2011 to 2029 for a month unless one of the following conditions is met:

289,148 Section 148 . 49.27 (5) (e) 2. of the statutes is repealed.

289,149 Section 149 . 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). The rates for child care services under this paragraph shall be determined under s. 46.98 (4) (d), (dg) or (dm), whichever is applicable, 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.

289,150 Section 150 . 49.27 (13) of the statutes is created to read:

49.27 (13) Sunset. Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than enactment of this subsection, is required to be given to recipients of aid under this section to terminate their benefits under this subsection.

289,151 Section 151 . 49.30 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 2922, is amended to read:

49.30 (1) (intro.) Except as provided in sub. (1m), if any recipient of benefits under s. 49.148, 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:

289,152 Section 152 . 49.32 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.32 (7) (a) The department shall conduct a program to periodically verify the eligibility of recipients of aid to families with dependent children under s. 49.19 and of participants in Wisconsin works under ss. 49.141 to 49.161 through a check of school enrollment records of local school boards as provided in s. 118.125 (2) (i).

289,153 Section 153 . 49.32 (9) (a) of the statutes, as affected by 1995 Wisconsin Act 27 is amended to read:

49.32 (9) (a) Each county department under s. 46.215, 46.22 or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names and addresses of all persons receiving such aid together with the amount paid during the preceding month. Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names and addresses of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 42.261 or 49.19 (10).

289,154 Section 154 . 49.32 (9) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.32 (9) (b) The report under par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person except any public officer, seeking permission to inspect such report shall be required to prove his or her identity and to sign a statement setting forth his or her address and the reasons for making the request and indicating that he or she understands the provisions of par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. Within 72 hours after any such record has been inspected, the county department or Wisconsin works agency shall mail to each person whose record was inspected a notification of that fact and the name and address of the person making such inspection. The county department or Wisconsin works agency shall keep a record of such requests.

289,155 Section 155 . 49.32 (10) (title) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

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

289,156 Section 156 . 49.32 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.32 (10) (a), and 49.32 (10) (a) (intro.) and 2. b. and c., as renumbered, are amended to read:

49.32 (10) (a) (intro.) Each county department under s. 46.215 or 46.22 may release the current address of a recipient of aid under s. 49.19, and each Wisconsin works agency may release the current address of a participant in Wisconsin works under ss. 49.141 to 49.161, to a law enforcement officer if the officer meets all of the following conditions:

2. b. That the location or apprehension of the felon under subd. 1. 2. a. is within the official duties of the officer.

c. That the officer is making the request in the proper exercise of his or her duties under subd. 2. b.

289,157 Section 157 . 49.32 (10) (b) of the statutes is created to read:

49.32 (10) (b) If a law enforcement officer believes, on reasonable grounds, that a warrant has been issued and is outstanding for the arrest of a Wisconsin works participant, the law enforcement officer may request that a law enforcement officer be notified when the participant appears to obtain his or her benefits under the Wisconsin works program. At the request of a law enforcement officer under this paragraph, an employe of a Wisconsin works agency who disburses benefits may notify a law enforcement officer when the participant appears to obtain Wisconsin works benefits.

289,158 Section 158 . 49.33 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2047, is amended to read:

49.33 (1) (b) “Income maintenance program" means aid to families with dependent children under s. 49.19, Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49 or the food stamp program under 7 USC 2011 to 2029.

289,159 Section 159 . 49.33 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, section 2048, is amended to read:

49.33 (1) (c) “Income maintenance worker" means a person employed by a county or, a governing body of a federally recognized American Indian tribe or a Wisconsin works agency whose duties include determinations or redeterminations of income maintenance program eligibility.

289,160c Section 160c. 49.33 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2043, is amended to read:

49.33 (2) Contracts. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.26 (1) and 49.45 to 49.47 and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.445 (3) (de) and (nL) in accordance with the reimbursement method established under s. 49.33 (8). The department may reduce its payment to any county under s. 20.445 (3) (de) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

289,161c Section 161c. 49.33 (8) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3130, is amended to read:

49.33 (8) (a) The department shall reimburse each county for reasonable costs of income maintenance relating to the administration of the programs under this subchapter and subch. IV according to a formula based on workload within the limits of available state and federal funds under s. 20.445 (3) (de), (dz) and (nL) by contract under s. 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

289,163 Section 163 . 49.36 (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.36 (title) Work experience and job training program for noncustodial parents.

289,164c Section 164c. 49.36 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2137, is amended to read:

49.36 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193 or 49.147 (3) or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriation under s. 20.445 (3) (df).

289,165 Section 165 . 49.36 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.36 (3) (a) Except as provided in par. (f), a person ordered to register under s. 767.295 (2) (a) shall participate in a work experience and job training program if services are available.

289,166 Section 166 . 49.36 (3) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.36 (3) (g) If the person's child receives benefits under s. 49.19, the liability under s. 49.195 of a parent who is a member of the child's household is reduced by the amount of the federal minimum hourly wage under 29 USC 206 (a) (1) for each hour the person participates in a program under this section. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,167 Section 167 . 49.36 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.36 (4) When a person completes 16 weeks of participation in a program under this section, the county or Wisconsin works agency operating the program shall inform the clerk of courts, by affidavit, of that completion.

289,168 Section 168 . 49.36 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.36 (5) A person participating in work experience in a county as part of the program under this section is considered an employe of that the county or Wisconsin works agency administering the program under this section for purposes of worker's compensation benefits only.

289,169 Section 169 . 49.36 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.36 (6) A county or Wisconsin works agency administering the program under this section shall reimburse a person for reasonable transportation costs incurred because of participation in a program under this section up to a maximum of $25 per month.

289,170 Section 170 . 49.36 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.36 (7) The department shall pay a county or Wisconsin works agency $200 for each person who participates in the program under this section in that county the region in which the county or Wisconsin works agency administers the program under this section. The county or Wisconsin works agency shall pay any additional costs of the program.

289,172c Section 172c. 49.45 (6m) (br) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (1) (bt) or (bu) or (7) (b) or 20.445 (3) (de), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriations under s. 20.410 (3) (cd) or 20.435 (1) (bt) or (bu) or (7) (b), or the department shall direct the department of industry, labor and job development to reduce allocations of funds to counties or Wisconsin works agencies in the amount of the disallowance from the appropriation under s. 20.445 (3) (de) or (dz), in accordance with s. 16.544 to the extent applicable.

289,173 Section 173 . 49.46 (1) (a) 1. of the statutes is amended to read:

49.46 (1) (a) 1. Any person included in the grant of aid to families with dependent children and any person who does not receive such aid solely because of the application of s. 49.19 (11) (a) 7. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,174 Section 174 . 49.46 (1) (a) 1m. of the statutes is amended to read:

49.46 (1) (a) 1m. Any pregnant woman who meets the resource and income limits under s. 49.19 (4) (bm) and (es) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day after the last day of the pregnancy falls. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,175 Section 175. 49.46 (1) (a) 4m. of the statutes is created to read:

49.46 (1) (a) 4m. Any dependent child whose custodial parent, as defined under s. 49.141 (1) (b), receives a payment under s. 49.77 (3v).

289,176 Section 176 . 49.46 (1) (a) 5. of the statutes is amended to read:

49.46 (1) (a) 5. Any child in an adoption assistance, foster care, kinship care or treatment foster care placement under ch. 48, as determined by the department.

289,177 Section 177 . 49.46 (1) (a) 6. of the statutes is amended to read:

49.46 (1) (a) 6. Any person not described in pars. (c) to (e) who is considered, under federal law, to be receiving aid to families with dependent children or supplemental security income for the purpose of determining eligibility for medical assistance. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,178 Section 178 . 49.46 (1) (a) 6m. of the statutes is created to read:

49.46 (1) (a) 6m. Any person not described in pars. (c) to (e) who is considered, under federal law, to be receiving supplemental security income for the purpose of determining eligibility for medical assistance.

289,179 Section 179 . 49.46 (1) (a) 9. of the statutes is amended to read:

49.46 (1) (a) 9. Any pregnant woman not described under subd. 1. or 1m. whose family income does not exceed 133% of the poverty line for a family the size of the woman's family. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,180 Section 180 . 49.46 (1) (a) 10. of the statutes is amended to read:

49.46 (1) (a) 10. Any child not described under subd. 1. who is under 6 years of age and whose family income does not exceed 133% of the poverty line for a family the size of the child's family. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,181 Section 181 . 49.46 (1) (a) 11. of the statutes is amended to read:

49.46 (1) (a) 11. Any child not described under subd. 1. who was born after September 30, 1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,182 Section 182 . 49.46 (1) (a) 12. of the statutes is amended to read:

49.46 (1) (a) 12. Any child not described under subd. 1. who is under 19 years of age and who meets the resource and income limits under s. 49.19 (4). This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,183 Section 183 . 49.46 (1) (a) 13. of the statutes is amended to read:

49.46 (1) (a) 13. Any child who is under one year of age, whose mother was determined to be eligible under subd. 9. and who lives with his or her mother. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,184 Section 184 . 49.46 (1) (a) 16. of the statutes is created to read:

49.46 (1) (a) 16. Any child who is living with a relative who is eligible to receive payments under s. 48.57 (3m) with respect to that child, if the department determines that no other insurance is available to the child.

289,185 Section 185 . 49.46 (1) (am) 3. of the statutes is created to read:

49.46 (1) (am) 3. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,186 Section 186 . 49.46 (1) (cb) of the statutes is created to read:

49.46 (1) (cb) Paragraph (c) does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,187 Section 187 . 49.46 (1) (cg) of the statutes is amended to read:

49.46 (1) (cg) Except as provided in par. (cs), medical assistance shall be provided to a dependent child, a relative with whom the child is living or the spouse of the relative, if the spouse meets the requirements of s. 49.19 (1) (c) 2. a. or b., for 4 calendar months beginning with the month in which the child, relative or spouse is ineligible for aid to families with dependent children because of the collection or increased collection of maintenance or support, if the child, relative or spouse received aid to families with dependent children in 3 or more of the 6 months immediately preceding the month in which that ineligibility begins. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,188 Section 188 . 49.46 (1) (co) 4. of the statutes is created to read:

49.46 (1) (co) 4. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,189 Section 189 . 49.46 (1) (cr) of the statutes is renumbered 49.46 (1) (cr) 1., and 49.46 (1) (cr) 1. b. and c., as renumbered, are amended to read:

49.46 (1) (cr) 1. b. Discloses in the application under subd. 1. a. any health insurance possessed by a member of the family.

c. Demonstrates that, but for the loss of the disregards for earned income under s. 49.19 (5) (a) 4., the family was continuously eligible for aid to families with dependent children from the date of that loss until the date of the application made under subd. 1. a.

289,190 Section 190. 49.46 (1) (cr) 2. of the statutes is created to read:

49.46 (1) (cr) 2. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).