AB591-ASA2,87,1916
49.193
(4m) Alcohol and other drug abuse prevention and treatment
17program. The department may require participation in an alcohol and other drug
18abuse assessment, prevention and treatment program to fulfill employment and
19training requirements described in this section.
AB591-ASA2,88,221
49.193
(6) (c)
No Except as provided in par. (e), no person may be required to
22work more than 32 hours per week in a community work experience component. No
23person may be required to work more than 16 weeks in a component under this
24subsection during a 12-month period, except that a person who is eligible for aid
1under s. 49.19 (4) (dm) may be required to work for more than 16 weeks in a
2component under this subsection in order to comply with
45 CFR 250.33.
AB591-ASA2,88,154
49.193
(6) (e) The department shall request a waiver from the secretary of the
5federal department of health and human services to allow the department to require
6a person to work, without regard to the person's grant amount under s. 49.19, not
7more than 40 hours per week in a community work experience component and not
8more than 6 months in a component under this subsection during a 12-month period.
9If the waiver is granted and in effect, the department may require a person to work
10not more than 40 hours per week in a community work experience component. If a
11waiver is granted and in effect, the department may require a person to work not
12more than 6 months in a component under this subsection during a 12-month period,
13except that the department may require a person who is eligible for aid under s. 49.19
14(4) (dm) to work for more than 6 months in a component under this subsection in
15order comply with
45 CFR 250.33.
AB591-ASA2,89,419
49.193
(8) (a) The department shall pay child care costs of persons with
20approved employability plans who are participating in the program under this
21section and of persons who are participating in orientation and job search activities
22required under sub. (3m). Payment or reimbursement shall be in an amount based
23on need, with the maximum amount per child equal to the lesser of the actual cost
24of care or the rate established under s. 46.98 (4) (d)
, (dg) or (dm), whichever is
25applicable, or, if a higher rate is established under s. 46.98 (4) (e) and if the child care
1meets the quality standards established under s. 46.98 (4) (e), payment or
2reimbursement for child care that meets those standards shall be in an amount based
3on need, with the maximum amount per child equal to the lesser of the actual cost
4of the care or the rate established under s. 46.98 (4) (e).
AB591-ASA2,89,116
49.193
(8) (bm) Beginning on January 1, 1994, a county department under s.
746.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
8this subsection
or under s. 49.50 (6e) (a) may, with the approval of the department,
9use those funds to pay or reimburse child care costs under s. 49.50 (6e)
(b), (6g) or (7)
10(e). The department shall approve or disapprove of this use of funds under criteria
11established to maximize state and federal funding available for child care.
AB591-ASA2, s. 120
12Section
120. 49.193 (8) (bm) of the statutes, as affected by 1995 Wisconsin Acts
1327 and .... (this act), is repealed and recreated to read:
AB591-ASA2,89,1914
49.193
(8) (bm) Beginning on January 1, 1994, a county department under s.
1546.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
16this subsection may, with the approval of the department, use those funds to pay or
17reimburse child care costs under s. 49.191 (1) or (2) or 49.26 (1) (e). The department
18shall approve or disapprove of this use of funds under criteria established to
19maximize state and federal funding available for child care.
AB591-ASA2,89,2523
49.193
(9m) (ag) In this subsection, "recipient" includes the head of household
24of an aid to families with dependent children case, regardless of whether the needs
25of the head of household are not considered as the result of a sanction.
AB591-ASA2,90,112
49.193
(10m) Work-first program. The department shall select Kenosha
3county and additional counties in which to pilot the work-first program under this
4subsection. The work-first program shall be conducted as part of the job
5opportunities and basic skills program under this section and shall be funded from
6s. 20.435 (4)
(df) (dz). The work-first program shall seek to increase the amount of
7job opportunities and basic skills program services provided to recipients of aid to
8families with dependent children and to minimize the time between the date on
9which a person in a pilot county first applies for aid to families with dependent
10children under s. 49.19 and the date on which the person begins to participate in the
11job opportunities and basic skills program under this section.
AB591-ASA2, s. 124
12Section
124. 49.193 (10m) of the statutes, as affected by 1995 Wisconsin Acts
1327 and .... (this act), is repealed and recreated to read:
AB591-ASA2,90,2314
49.193
(10m) Work-first program. The department shall select Kenosha
15county and additional counties in which to pilot the work-first program under this
16subsection. The work-first program shall be conducted as part of the job
17opportunities and basic skills program under this section and shall be funded from
18s. 20.445 (3) (dz). The work-first program shall seek to increase the amount of job
19opportunities and basic skills program services provided to recipients of aid to
20families with dependent children and to minimize the time between the date on
21which a person in a pilot county first applies for aid to families with dependent
22children under s. 49.19 and the date on which the person begins to participate in the
23job opportunities and basic skills program under this section.
AB591-ASA2,91,6
149.193
(12) Sunset. Beginning on January 1, 1999, or beginning on the first
2day of the 6th month beginning after the date stated in the notice under s. 49.141 (2)
3(d), whichever is sooner, no person is eligible to receive benefits under this section
4and no aid may be granted under this section. No additional notice, other than
5enactment of this subsection, is required to be given to recipients of aid under this
6section to terminate their benefits under this subsection.
AB591-ASA2,91,9
849.195 (title)
Recovery of aid to families with dependent children and
9Wisconsin works benefits.
AB591-ASA2,92,1511
49.195
(1) If any parent at the time of receiving aid under s. 49.19
or a benefit
12under s. 49.148, 49.153, 49.155 or 49.157 or at any time thereafter acquires property
13by gift, inheritance, sale of assets, court judgment or settlement of any damage claim,
14or by winning a lottery or prize, the county granting such aid
, or the Wisconsin works
15agency granting such a benefit, may sue the parent on behalf of the department to
16recover the value of that portion of the aid
or of the benefit which does not exceed the
17amount of the property so acquired. The value of
the aid
or benefit liable for recovery
18under this section may not include the value of work performed by a member of the
19family in a community work experience program under s. 46.215 (1) (o), 1991 stats.,
20s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work
21experience component under s. 49.193 (6. During the life of the parent, the 10-year
22statute of limitations may be pleaded in defense against any suit for recovery under
23this section; and if such property is his or her homestead it shall be exempt from
24execution on the judgment of recovery until his or her death or sale of the property,
25whichever occurs first. Notwithstanding the foregoing restrictions and limitations,
1where the aid
or benefit recipient is deceased a claim may be filed against any
2property in his or her estate and the statute of limitations specified in s. 859.02 shall
3be exclusively applicable. The court may refuse to render judgment or allow the
4claim in any case where a parent, spouse or child is dependent on the property for
5support, and the court in rendering judgment shall take into account the current
6family budget requirement as fixed by the U.S. department of labor for the
7community or as fixed by the authorities of the community in charge of public
8assistance. The records of aid
or benefits paid kept by the county
or, by the
9department
or by the Wisconsin works agency are prima facie evidence of the value
10of the aid
or benefits furnished. Liability under this section shall extend to any
11parent or stepparent whose family receives aid under s. 49.19
or benefits under s.
1249.148, 49.155 or 49.157 during the period
that he or she is a member of the same
13household, but his or her liability is limited to such period. This section does not
14apply to medical and health assistance payments for which recovery is prohibited or
15restricted by federal law or regulation.
AB591-ASA2,92,2018
49.195
(3) Notwithstanding s. 49.96, the department shall promptly recover all
19overpayments made under s. 49.19
, 49.148, 49.153, 49.155 or 49.157 and shall
20promulgate rules establishing policies and procedures to administer this subsection.
AB591-ASA2,93,722
49.197
(1m) Fraud investigation. From the appropriations under s. 20.435 (4)
23(de) (dz), (L), (n) and (nL), the department shall establish a program to investigate
24suspected fraudulent activity on the part of recipients of medical assistance under
25ss. 49.46 to 49.47, aid to families with dependent children under s. 49.19 and the food
1stamp program under
7 USC 2011 to
2029. The department's activities under this
2subsection may include, but are not limited to, comparisons of information provided
3to the department by an applicant and information provided by the applicant to other
4federal, state and local agencies, development of an advisory welfare investigation
5prosecution standard and provision of funds to county departments under s. 46.215,
646.22 and 46.23 to encourage activities to detect fraud. The department shall
7cooperate with district attorneys regarding fraud prosecutions.
AB591-ASA2, s. 130
8Section
130. 49.197 (1m) of the statutes, as affected by 1995 Wisconsin Acts
927 and .... (this act), is repealed and recreated to read:
AB591-ASA2,93,2110
49.197
(1m) Fraud investigation. From the appropriations under s. 20.445 (3)
11(dz), (L), (n) and (nL), the department shall establish a program to investigate
12suspected fraudulent activity on the part of recipients of medical assistance under
13subch. IV, aid to families with dependent children under s. 49.19 and the food stamp
14program under
7 USC 2011 to
2029 and participants in Wisconsin works under ss.
1549.141 to 49.161. The department's activities under this subsection may include, but
16are not limited to, comparisons of information provided to the department by an
17applicant and information provided by the applicant to other federal, state and local
18agencies, development of an advisory welfare investigation prosecution standard
19and provision of funds to county departments under s. 46.215, 46.22 and 46.23 and
20to Wisconsin works agencies to encourage activities to detect fraud. The department
21shall cooperate with district attorneys regarding fraud prosecutions.
AB591-ASA2,94,324
49.197
(3) State error reduction activities. The department shall conduct
25activities to reduce payment errors in medical assistance under subch. IV,
Wisconsin
1works under ss. 49.141 to 49.161, aid to families with dependent children under s.
249.19 and the food stamp program under
7 USC 2011 to
2029. The department shall
3fund the activities under this section from the appropriation under s. 20.445 (4) (L).
AB591-ASA2,94,115
49.197
(4) County and tribal error reduction. The department shall provide
6funds from the appropriations under s. 20.435 (4)
(de)
(dz), (L) and (Lm) and federal
7matching funds from the appropriations under s. 20.435 (4) (n) and (nL) to counties
8and governing bodies of federally recognized American Indian tribes administering
9medical assistance under ss. 49.43 to 49.47, aid to families with dependent children
10under s. 49.19 or the food stamp program under
7 USC 2011 to
2029 to offset
11administrative costs of reducing payment errors in those programs.
AB591-ASA2, s. 133
12Section
133. 49.197 (4) of the statutes, as affected by 1995 Wisconsin Acts 27
13and .... (this act), is repealed and recreated to read:
AB591-ASA2,94,2114
49.197
(4) Error reduction. The department shall provide funds from the
15appropriations under s. 20.445 (3) (dz), (L) and (Lm) and federal matching funds from
16the appropriations under s. 20.445 (3) (n) and (nL) to persons administering
17Wisconsin works under ss. 49.141 to 49.161 or the food stamp program under
7 USC
182011 to
2029 and to counties and governing bodies of federally recognized American
19Indian tribes administering medical assistance under subch. IV and aid to families
20with dependent children under s. 49.19 to offset administrative costs of reducing
21payment errors in those programs.
AB591-ASA2,95,323
49.20
(3) Payment. Aid under this section shall be paid from the appropriation
24under s. 20.435 (4)
(d) (dz) and shall be in an amount equal to that to which the person
25would be entitled under s. 49.19 if he or she were 17 years of age, except that if the
1person's family became ineligible for aid under s. 49.19 on the person's 18th birthday,
2the amount paid shall equal the amount of aid granted to a single person under s.
349.19.
AB591-ASA2, s. 135
4Section
135. 49.20 (3) of the statutes, as affected by 1995 Wisconsin Acts 27
5and .... (this act), is repealed and recreated to read:
AB591-ASA2,95,136
49.20
(3) Payment. Aid under this section shall be paid from the appropriation
7under s. 20.445 (3) (dz) and shall be in an amount equal to that to which the person
8would be entitled under s. 49.19 if he or she were 17 years of age, except that if the
9person's family became ineligible for aid under s. 49.19 on the person's 18th birthday,
10the amount paid shall equal the amount of aid granted to a single person under s.
1149.19. This subsection does not apply beginning on January 1, 1999, or beginning
12on the first day of the 6th month beginning after the date stated in the notice under
13s. 49.141 (2) (d), whichever is sooner.
AB591-ASA2,95,1615
49.21
(1) (c) This subsection does not apply beginning on the first day of the 6th
16month beginning after the date stated in the notice under s. 49.141 (2) (d).
AB591-ASA2,95,2318
49.25
(10) Sunset. Beginning on January 1, 1999, or beginning on the first day
19of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d),
20whichever is sooner, no person is eligible to receive benefits under this section and
21no aid may be granted under this section. No additional notice, other than enactment
22of this subsection, is required to be given to recipients of aid under this section to
23terminate their benefits under this subsection.
AB591-ASA2,96,1
149.26 (title)
Learnfare pilot program.
AB591-ASA2,96,164
49.26
(1) (e) For an individual who is a recipient of aid under s. 49.19,
or whose
5custodial parent is a participant under s. 49.147 (3) to (5), who is the parent with
6whom a dependent child lives and who is either subject to the school attendance
7requirement under par. (ge) or is under 20 years of age and wants to attend school,
8the department shall make a monthly payment to the individual or the child care
9provider for the month's child care costs in an amount based on need with the
10maximum amount per child equal to the lesser of the actual cost of the care or the
11rate established under s.
46.98 (4) (d) or, if a higher rate is established under s. 46.98
12(4) (e) and if the child care meets the quality standards established under s. 46.98
13(4) (e), in an amount based on need with the maximum amount per child equal to the
14lesser of the actual cost of the care or the rate established under s. 46.98 (4) (e), 49.155
15(6) if the individual demonstrates the need to purchase child care services in order
16to attend school and those services are available from a child care provider.
AB591-ASA2,96,2219
49.26
(1) (g) (intro.) An individual who is a
dependent child in a Wisconsin
20works group that includes a participant under s. 49.147 (3), (4) or (5) or who is a 21recipient of aid under s. 49.19 is subject to the school attendance requirement under
22par. (ge) if all of the following apply:
AB591-ASA2,97,5
149.26
(1) (g) 1. Before the first day of the fall 1994 school term, as defined in
2s. 115.001 (12), the individual is 13 to 19 years of age. Beginning on the first day of
3the fall
1994 1997 school term, as defined in s. 115.001 (12), the individual is
13
6 to
419 years of age
or the individual lives in a county designated by the department
5under par. (j) and is required to attend school under that paragraph.
AB591-ASA2,97,108
49.26
(1) (gm) (intro.) The first time that an individual fails to meet the school
9attendance requirement under par. (ge), the county department under s. 46.215,
1046.22 or 46.23
or the Wisconsin works agency shall do all of the following:
AB591-ASA2,97,1413
49.26
(1) (h) 1. a. The county department under s. 46.215, 46.22 or 46.23
or
14Wisconsin works agency complies with par. (gm).
AB591-ASA2,97,1917
49.26
(1) (hm) The department may require consent to the release of school
18attendance records, under s. 118.125 (2) (e), as a condition of eligibility for
benefits
19under s. 49.147 (3) to (5) or aid under s. 49.19.
AB591-ASA2,98,222
49.26
(1) (hr) If an individual subject to the school attendance requirement
23under par. (ge) is enrolled in a public school, communications between the school
24district and the department
or, a county department under s. 46.215, 46.22 or 46.23
1or a Wisconsin works agency concerning the individual's school attendance may only
2be made by a school attendance officer, as defined under s. 118.16 (1) (a).
AB591-ASA2,98,207
49.26
(2) (b) From the appropriation under s. 20.445 (3) (dz), the department
8shall allocate funds to county departments or Wisconsin works agencies for the
9provision of case management services to individuals who are subject to the school
10attendance requirement under the learnfare program under sub. (1) and their
11families to improve the school attendance and achievement of those individuals. At
12least 75% of the funds that the department allocates under this paragraph to provide
13case management services to individuals who are 13 to 19 years of age shall be
14allocated to a county department or to Wisconsin works agencies in a county with a
15population of 500,000 or more. A county or Wisconsin works agency is eligible to
16receive funds under this subsection to provide case management services to
17individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19
18years of age, residing in the county were sanctioned under sub. (1) (h) or were subject
19to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm.
20code, in any month during the previous year.
AB591-ASA2,99,923
49.27
(6) (c)
Benefits. A county department under s. 46.215, 46.22 or 46.23 shall
24provide assistance in paying the child care costs of a work-not-welfare group that
25is eligible to receive benefits under this paragraph if the child care is provided by a
1child care provider, as defined in s. 46.98 (1) (am). The formula for determining the
2amount of assistance shall be the same as the formula established by the department
3under s. 49.50 (6g). The rates for child care services under this paragraph shall be
4determined under s. 46.98 (4) (d)
, (dg) or (dm), whichever is applicable, or, if a higher
5rate is established under s. 46.98 (4) (e) and if the child care services meet the quality
6standards established under s. 46.98 (4) (e), the rates for child care services under
7this paragraph that meet those standards shall be determined under s. 46.98 (4) (e).
8The department shall promulgate rules for the disbursement of funds under this
9paragraph.
AB591-ASA2,99,1611
49.27
(13) Sunset. Beginning on January 1, 1999, or beginning on the first day
12of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d),
13whichever is sooner, no person is eligible to receive benefits under this section and
14no aid may be granted under this section. No additional notice, other than enactment
15of this subsection, is required to be given to recipients of aid under this section to
16terminate their benefits under this subsection.
AB591-ASA2,99,2419
49.30
(1) (intro.) Except as provided in sub. (1m), if any recipient of benefits
20under s.
49.153, 49.46 or 49.77, or under
42 USC 1381 to
1385 in effect on May 8,
211980, dies and the estate of the deceased recipient is insufficient to pay the funeral,
22burial and cemetery expenses of the deceased recipient, the county or applicable
23tribal governing body or organization responsible for burial of the recipient shall pay,
24to the person designated by the county department under s. 46.215, 46.22 or 46.23
1or applicable tribal governing body or organization responsible for the burial of the
2recipient, all of the following:
AB591-ASA2,100,85
49.32
(7) (a) The department shall conduct a program to periodically verify the
6eligibility of recipients of aid to families with dependent children under s. 49.19
and
7of participants in Wisconsin works under ss. 49.141 to 49.161 through a check of
8school enrollment records of local school boards as provided in s. 118.125 (2) (i).
AB591-ASA2,100,2111
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
12administering aid to families with dependent children shall maintain a monthly
13report at its office showing the names and addresses of all persons receiving such aid
14together with the amount paid during the preceding month.
Each Wisconsin works
15agency administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a
16monthly report at its office showing the names and addresses of all persons receiving
17benefits under s. 49.148 together with the amount paid during the preceding month. 18Nothing in this paragraph shall be construed to authorize or require the disclosure
19in the report of any information (names, addresses, amounts of aid or otherwise)
20pertaining to adoptions, or aid furnished for the care of children in foster homes or
21treatment foster homes under s. 49.19 (10).
AB591-ASA2,101,1024
49.32
(9) (b) The report under par. (a) shall be open to public inspection at all
25times during regular office hours and may be destroyed after the next succeeding
1report becomes available. Any person except any public officer, seeking permission
2to inspect such report shall be required to prove his or her identity and to sign a
3statement setting forth his or her address and the reasons for making the request
4and indicating that he or she understands the provisions of par. (c) with respect to
5the use of the information obtained. The use of a fictitious name is a violation of this
6section. Within 72 hours after any such record has been inspected, the county
7department
or Wisconsin works agency shall mail to each person whose record was
8inspected a notification of that fact and the name and address of the person making
9such inspection. The county department
or Wisconsin works agency shall keep a
10record of such requests.
AB591-ASA2,101,1413
49.32
(10) (title) R
elease of recipient's addresses information to law
14enforcement officers.
AB591-ASA2, s. 156
15Section
156. 49.32 (10) of the statutes, as affected by
1995 Wisconsin Act 27,
16is renumbered 49.32 (10) (a), and 49.32 (10) (a) (intro.) and 2. b. and c., as
17renumbered, are amended to read:
AB591-ASA2,101,2218
49.32
(10) (a) (intro.) Each county department under s. 46.215 or 46.22 may
19release the current address of a recipient of aid under s. 49.19
, and each Wisconsin
20works agency may release the current address of a participant in Wisconsin works
21under ss. 49.141 to 49.161, to a law enforcement officer if the officer meets all of the
22following conditions:
AB591-ASA2,101,2423
2. b. That the location or apprehension of the felon under subd.
1. 2. a. is within
24the official duties of the officer.
AB591-ASA2,102,2
1c. That the officer is making the request in the proper exercise of his or her
2duties under subd. 2.
b.
AB591-ASA2,102,114
49.32
(10) (b) If a law enforcement officer believes, on reasonable grounds, that
5a warrant has been issued and is outstanding for the arrest of a Wisconsin works
6participant, the law enforcement officer may request that a law enforcement officer
7be notified when the participant appears to obtain his or her benefits under the
8Wisconsin works program. At the request of a law enforcement officer under this
9paragraph, an employe of a Wisconsin works agency who disburses benefits may
10notify a law enforcement officer when the participant appears to obtain Wisconsin
11works benefits.
AB591-ASA2,102,1714
49.33
(1) (b) "Income maintenance program" means aid to families with
15dependent children under s. 49.19,
Wisconsin works under ss. 49.141 to 49.161, 16medical assistance under subch. IV of ch. 49 or the food stamp program under
7 USC
172011 to
2029.