AB591-ASA3,134,74
49.47
(1) Purpose. Medical assistance as set forth herein shall be provided to
5persons over 65, all
disabled children under 18 and
, if the child is "dependent"
6pursuant to s. 49.19, the relatives enumerated in s. 49.19 with whom the child is
7living, or persons who are blind or disabled if eligible under this section.
AB591-ASA3, s. 196
8Section
196. 49.47 (4) (a) (intro.) of the statutes is amended to read:
AB591-ASA3,134,129
49.47
(4) (a) (intro.)
Any Except as provided in par. (ag), any individual who
10meets the limitations on income and resources under pars. (b) and (c) and who
11complies with par. (cm) shall be eligible for medical assistance under this section if
12such individual is:
AB591-ASA3,134,1514
49.47
(4) (ag) No individual is eligible for medical assistance in a month that
15the individual is eligible for health care coverage under s. 49.153.
AB591-ASA3,134,1817
49.47
(4) (an) Paragraph (am) does not apply beginning on the first day of the
186th month beginning after the date stated in the notice under s. 49.141 (2) (d).
AB591-ASA3,134,2520
49.47
(4) (c) 2. Whenever an applicant has excess income under subd. 1. or par.
21(am), no certification may be issued until the excess income above the applicable
22limits has been obligated or expended for medical care or for any other type of
23remedial care recognized under state law or for personal health insurance premiums
24or both.
No individual is eligible for medical assistance under this subdivision in a
25month in which the individual is eligible for health care coverage under s. 49.153.
AB591-ASA3,135,175
49.50
(6g) Day care funds for former recipients of aid to families with
6dependent children. The department shall pay the child care costs of an individual
7who secures unsubsidized employment and loses eligibility for aid to families with
8dependent children because of earned income or number of hours worked for up to
912 months following the loss of eligibility if the child care is provided by a child care
10provider. The department shall establish a formula for assistance based on ability
11to pay. The rates for child care services under this subsection shall be determined
12under s. 46.98 (4) (d)
, (dg) or (dm), whichever is applicable, or, if a higher rate is
13established under s. 46.98 (4) (e) and if the child care services meet the quality
14standards established under s. 46.98 (4) (e), the rates for child care services under
15this subsection that meet those standards shall be determined under s. 46.98 (4) (e).
16The department shall promulgate rules for the disbursement of funds under this
17subsection.
AB591-ASA3,135,2419
49.50
(6k) (a) County departments under ss. 46.215, 46.22 and 46.23 shall
20administer the funds appropriated for the purpose of providing child care under
21subs. (6e)
(b) and (6g) for recipients and former recipients of aid under s. 49.19 and
22under sub. (7) (e) for participants in the learnfare program. The department shall
23allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the
24purposes of this paragraph.
AB591-ASA3,136,6
149.50
(6k) (b) Beginning on January 1, 1994, a county department under s.
246.215, 46.22 or 46.23 may, with the approval of the department, provide payment
3for, or reimbursement of, child care under s. 49.193 (8)
or 49.50 (6e) (a) using funds
4allocated under par. (a). The department shall approve or disapprove this use of
5funds under criteria established to maximize state and federal funding available for
6child care.
AB591-ASA3,136,208
49.50
(7) (e) For an individual who is a recipient of aid under s. 49.19, who is
9the parent with whom a dependent child lives and who is either required to attend
10school under par. (g) or is under 20 years of age and wants to attend school, the
11department shall make a monthly payment to the individual or the child care
12provider for the month's child care costs in an amount based on need with the
13maximum amount per child equal to the lesser of the actual cost of the care or the
14rate established under s. 46.98 (4) (d)
, (dg) or (dm), whichever is applicable, or, if a
15higher rate is established under s. 46.98 (4) (e) and if the child care meets the quality
16standards established under s. 46.98 (4) (e), in an amount based on need with the
17maximum amount per child equal to the lesser of the actual cost of the care or the
18rate established under s. 46.98 (4) (e), if the individual demonstrates the need to
19purchase child care services in order to attend school and those services are available
20from a child care provider.
AB591-ASA3,137,1223
49.52
(1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
24department shall distribute the funding for social services, including funding for
25foster care or treatment foster care of a child receiving aid under s. 49.19, to county
1departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County
2matching funds are required for the distributions under s. 46.40 (2)
, (4m) and (8).
3Each county's required match for a year equals 9.89% of the total of the county's
4distributions for that year for which matching funds are required plus the amount
5the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
6delinquency-related services from its distribution for 1987. Matching funds may be
7from county tax levies, federal and state revenue sharing funds or private donations
8to the county that meet the requirements specified in s. 51.423 (5). Private donations
9may not exceed 25% of the total county match. If the county match is less than the
10amount required to generate the full amount of state and federal funds distributed
11for this period, the decrease in the amount of state and federal funds equals the
12difference between the required and the actual amount of county matching funds.
AB591-ASA3,137,1514
49.77
(3v) Increased supplemental payments to custodial parents. (a) In this
15subsection:
AB591-ASA3,137,1616
1. "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB591-ASA3,137,1717
2. "Dependent child" has the meaning given in s. 49.141 (1) (c).
AB591-ASA3,137,2018
(b) A person who is entitled to receive supplemental payments under this
19section and who is a custodial parent shall receive an increased state supplement of
20$77 for each dependent child with respect to whom the person is a custodial parent.
AB591-ASA3,137,2521
(c) Notwithstanding par. (b), if a person who is entitled to receive supplemental
22payments under this section is married to a person who is also entitled to receive
23supplemental payments under this section, and both persons are custodial parents
24of a dependent child, only one increased state supplemental payment of $77 may be
25paid with respect to that child.
AB591-ASA3,138,10
349.83 Limitation on giving information. Except as provided under s. 49.32
4(9) and (10), no person may use or disclose information concerning applicants and
5recipients of relief funded by a relief block grant, aid to families with dependent
6children,
Wisconsin works under ss. 49.141 to 49.161, social services or supplemental
7payments under s. 49.77, for any purpose not connected with the administration of
8the programs. Any person violating this subsection may be fined not less than $25
9nor more than $500 or imprisoned in the county jail not less than 10 days nor more
10than one year or both.
AB591-ASA3,138,1813
49.84
(5) A person applying for
Wisconsin works under ss. 49.141 to 49.161, aid
14to families with dependent children under s. 49.19, medical assistance under subch.
15IV or food stamp program benefits under
7 USC 2011 to
2029 shall, as a condition
16of eligibility, provide a declaration and other verification of citizenship or satisfactory
17immigration status
as required by the department by rule or as required in
42 USC
181320b-7 (d).
AB591-ASA3,139,221
49.85
(1) County department notification requirement. If a county
22department under s. 46.215, 46.22 or 46.23
or, a governing body of a federally
23recognized American Indian tribe or band
or a Wisconsin works agency determines
24that the department of health and social services may recover an amount under s.
2549.497 or that the department of industry, labor and human relations may recover
1an amount under s. 49.125
, 49.161 or 49.195 (3), the county department or governing
2body shall notify the affected department of the determination.
AB591-ASA3,139,135
49.85
(2) (b) At least annually, the department of industry, labor and human
6relations shall certify to the department of revenue the amounts that, based on the
7notifications received under sub. (1) and on other information received by the
8department of industry, labor and human relations, the department of industry,
9labor and human relations has determined that it may recover under ss. 49.125
,
1049.161 and 49.195 (3), except that the department of industry, labor and human
11relations may not certify an amount under this subsection unless it has met the
12notice requirements under sub. (3) and unless
it's
its determination has either not
13been appealed or is no longer under appeal.
AB591-ASA3,139,18
14(3) (b) 1. Inform the person that the department of industry, labor and human
15relations intends to certify to the department of revenue an amount that the
16department of industry, labor and human relations has determined to be due under
17s. 49.125
, 49.161 or 49.195 (3), for setoff from any state tax refund that may be due
18the person.
AB591-ASA3,140,221
49.95
(4m) (a) Without legal authority, sends or brings a person to a county,
22tribal governing body or municipality or advises a person to go to a county, tribal
23governing body or municipality for the purpose of obtaining relief funded by a relief
24block grant,
benefits under the Wisconsin works program under ss. 49.141 to 49.161,
1aid to families with dependent children under s. 49.19, medical assistance under
2subch. IV or food stamps under
7 USC 2011 to
2029.
AB591-ASA3,140,65
49.95
(11) "Public assistance" as used in this section includes relief funded by
6a relief block grant
and benefits under ss. 49.141 to 49.161.
AB591-ASA3,140,14
949.96 Assistance grants exempt from levy. All grants of aid to families with
10dependent children,
payments made under ss. 48.57 (3m) or 49.148 (1) (b) to 49.159, 11payments made for social services, cash benefits paid by counties under s. 59.07
12(154), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and
13from execution, garnishment, attachment and every other process and shall be
14inalienable.
AB591-ASA3,141,416
59.07
(97) Child and spousal support; paternity program; medical support
17liability program. The county board shall contract with the department of health
18and social services to implement and administer the child and spousal support and
19establishment of paternity and the medical support liability programs provided for
20by Title IV of the federal social security act. The board may designate by board
21resolution any office, officer, board, department or agency as the county designee.
22The board or its designee shall implement and administer the programs in
23accordance with the contract with the state department of health and social services.
24The attorneys responsible for support enforcement under s. 59.458 (1), family court
25commissioner, clerk of court and all other county officials shall cooperate with the
1county and the department as necessary to provide the services required under the
2programs. The county shall charge the fee established by the department under s.
346.25 for services provided under this subsection to persons not receiving
benefits
4under s. 49.148, 49.153 or 49.155 or assistance under s.
46.261, 49.19 or 49.47.
AB591-ASA3,141,96
60.23
(25) Self-insured health plans. Provide health care benefits to its
7officers and employes on a self-insured basis if the self-insured plan complies with
8ss. 631.89, 631.90, 631.93 (2),
632.745 (2), (3) and (5) (a) 2. and (b) 2., 632.747 (3), 9632.87 (4) and (5), 632.895 (9) and 632.896.
AB591-ASA3,141,16
1166.184 Self-insured health plans. If a city, including a 1st class city, or a
12village provides health care benefits under its home rule power, or if a town provides
13health care benefits, to its officers and employes on a self-insured basis, the
14self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
15632.745 (2), (3) and (5) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and
16(10), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).
AB591-ASA3,141,2218
71.07
(9e) (em) 1. If an employe completes a form prescribed by the department
19of revenue on which the employe estimates the amount of credit that is due to the
20employe under this subsection for the taxable year and submits the form to his or her
21employer and if the estimated credit for the taxable year is at least $120, that
22employer may pay, for each pay period, a prorated portion of the estimated credit.
AB591-ASA3,142,323
2. An employer who pays employes under subd. 1. may reduce the amount owed
24under subch. X for the reporting period by the total of the payments made during the
25reporting period. If the total amount due under subch. X for any reporting period is
1less than the total amount paid under subd. 1. for the reporting period, the employer
2may subtract the difference from any contributions due under ch. 108 in accordance
3with s. 108.16 (11).
AB591-ASA3,142,94
3. On his or her return for the taxable year for which an employe receives
5payments under subd. 1., the employe may claim a credit under this subsection only
6for the amount that was otherwise due under this subsection and not paid under
7subd. 1. and shall subtract from the refund or credit due or add to the liability under
8this chapter any amount received under subd. 1. that is not otherwise due under this
9subsection.
AB591-ASA3,142,1612
71.54
(2) (a) (intro.) Property taxes accrued or rent constituting property taxes
13accrued shall be reduced by one-twelfth for each month or portion of a month for
14which the claimant received relief from any county under s. 59.07 (154) equal to or
15in excess of $400,
participated in Wisconsin works under s. 49.147 (4) or (5) or
16received assistance under s. 49.19, except assistance received:
AB591-ASA3,142,2018
102.07
(17) A participant in a trial job under s. 49.147 (3) is an employe of any
19employer under this chapter for whom the participant is performing service at the
20time of the injury.
AB591-ASA3,143,222
102.07
(18) A participant in a community service job under s. 49.147 (4) or a
23transitional placement under s. 49.147 (5) is an employe of the Wisconsin works
24agency, as defined under s. 49.001 (9), for the purposes of this chapter, except to the
1extent that the person for whom the participant is performing work provides
2worker's compensation coverage.
AB591-ASA3,143,94
102.29
(8m) No participant in a community service job under s. 49.147 (4) or
5a transitional placement under s. 49.147 (5) who, under s. 49.147 (4) (c) or (5) (c), is
6provided worker's compensation coverage by a Wisconsin works agency, as defined
7under s. 49.001 (9), and who makes a claim for compensation under this chapter may
8make a claim or maintain an action in tort against the employer who provided the
9community service job or transitional placement from which the claim arose.
AB591-ASA3,143,16
12106.21
(1) (g) "Public assistance" means relief provided by counties under s.
1359.07 (154),
Wisconsin works under ss. 49.141 to 49.161, aid to families with
14dependent children under s. 49.19, medical assistance under subch. IV of ch. 49,
15low-income energy assistance under s. 16.385, weatherization assistance under s.
1616.39 and the food stamp program under
7 USC 2011 to
2029.
AB591-ASA3,143,2319
106.215
(1) (fm) "Public assistance" means relief provided by counties under
20s. 59.07 (154),
Wisconsin works under ss. 49.141 to 49.161, aid to families with
21dependent children under s. 49.19, medical assistance under subch. IV of ch. 49,
22low-income energy assistance under s. 16.385, weatherization assistance under s.
2316.39 and the food stamp program under
7 USC 2011 to
2029.
AB591-ASA3,144,6
1108.16
(2) (b)
Each Except as provided in sub. (6) and s. 108.19, each employer's
2account shall be credited with all its contributions paid into the fund
and any
3amounts transferred by the department to the fund in lieu of such contributions
4under sub. (11), and shall be charged with all benefits duly paid from the fund to its
5employes based on their past employment by it, except as otherwise specified in this
6chapter.
AB591-ASA3,144,98
108.16
(6) (L) Any moneys payable from the appropriation under s. 20.445 (1)
9(gg) in lieu of contributions under sub. (11).
AB591-ASA3,144,2411
108.16
(11) If an employer that is subject to a contribution requirement is
12permitted under s. 71.07 (9e) (em) to pay, and elects to pay, an estimated earned
13income tax credit to its employes, the employer may, after first applying the
14employer's payments to the total amounts owed by that employer under subch. X of
15ch. 71 for any quarter, reduce its contributions otherwise payable to the department
16under ss. 108.17 to 108.19 by the remaining total amount of credits paid by the
17employer to its employes for the same quarter, to the extent of the employer's
18contribution liability for that quarter. The department shall promptly transfer an
19amount equal to any reduction lawfully claimed by an employer under this
20subsection from the appropriation under s. 20.445 (1) (gg) to the unemployment trust
21fund of the United States under sub. (5) (a), except that if the reduced contributions
22would otherwise be credited to the balancing account or administrative account, the
23department shall promptly transfer an amount equal to such reduced contributions
24from the appropriation under s. 20.445 (1) (gg) to the appropriate account.
AB591-ASA3,145,3
1108.18
(1) (a)
Each Except as authorized in s. 108.16 (11), each employer shall
2pay contributions to the fund for each calendar year at whatever rate on the
3employer's payroll for that year duly applies to the employer pursuant to this section.
AB591-ASA3,145,125
108.19
(1) Each Except as authorized in s. 108.16 (11), each employer subject
6to this chapter shall regularly contribute to the administrative account at the rate
7of two-tenths of one per cent per year on its payroll, except that the department may
8prescribe at the close of any fiscal year such lower rates of contribution under this
9section, to apply to classes of employers throughout the ensuing fiscal year, as will
10in the department's judgment adequately finance the administration of this chapter,
11and as will in the department's judgment fairly represent the relative cost of the
12services rendered by the department to each such class.
AB591-ASA3,146,3
13(1m) Each Except as authorized in s. 108.16 (11), each employer subject to this
14chapter as of the date a rate is established under this subsection shall pay an
15assessment to the administrative account at a rate established by the department
16sufficient to pay interest due on advances from the federal unemployment account
17under title XII of the social security act (
42 USC 1321 to
1324). The rate established
18by the department for employers who finance benefits under s. 108.15 (2) or 108.151
19(2) shall be 75% of the rate established for other employers. The amount of any
20employer's assessment shall be the product of the rate established for that employer
21multiplied by the employer's payroll of the previous calendar year as taken from
22quarterly contribution reports filed by the employer or, in the absence of the filing
23of such reports, estimates made by the department. Each assessment made under
24this subsection is due on the 30th day commencing after the date on which notice of
25the assessment is mailed by the department. If the amounts collected under this
1subsection are in excess of the amounts needed to pay interest due, the amounts shall
2be retained in the administrative account and utilized for the purposes specified in
3s. 108.20 (2m).
AB591-ASA3,146,205
108.20
(2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf)
6which are received by the administrative account as interest and penalties under
7this chapter, the department shall pay the benefits chargeable to the administrative
8account under s. 108.07 (5)
and, the interest payable to employers under s. 108.17
9(3m)
and the cost of administration of s. 108.16 (11) and may pay interest due on
10advances to the unemployment reserve fund from the federal unemployment account
11under title XII of the social security act,
42 USC 1321 to
1324, may make payments
12to satisfy a federal audit exception concerning a payment from the fund or any
13federal aid disallowance involving the unemployment compensation program, or
14may make payments to the fund if such action is necessary to obtain a lower interest
15rate or deferral of interest payments on advances from the federal unemployment
16account under title XII of the social security act, except that any interest earned
17pending disbursement of federal employment security grants under s. 20.445 (1) (n)
18shall be credited to the general fund. Any moneys reverting to the administrative
19account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as
20provided in this subsection.
AB591-ASA3,146,2522
108.22
(1) (g) If an employer lawfully reduces its contributions otherwise
23payable to the department under s. 108.16 (11), the amount of any reduction is
24considered to be timely paid by that employer if a report claiming that reduction is
25filed by the employer in a timely manner.
AB591-ASA3,147,253
111.70
(1) (a) "Collective bargaining" means the performance of the mutual
4obligation of a municipal employer, through its officers and agents, and the
5representative of its municipal employes in a collective bargaining unit, to meet and
6confer at reasonable times, in good faith, with the intention of reaching an
7agreement, or to resolve questions arising under such an agreement, with respect to
8wages, hours and conditions of employment, and with respect to a requirement of the
9municipal employer for a municipal employe to perform law enforcement and fire
10fighting services under s. 61.66, except as provided in sub. (4) (m) and
(n) and s. 40.81
11(3) and except that a municipal employer shall not meet and confer with respect to
12any proposal to diminish or abridge the rights guaranteed to municipal employes
13under ch. 164. The duty to bargain, however, does not compel either party to agree
14to a proposal or require the making of a concession. Collective bargaining includes
15the reduction of any agreement reached to a written and signed document. The
16municipal employer shall not be required to bargain on subjects reserved to
17management and direction of the governmental unit except insofar as the manner
18of exercise of such functions affects the wages, hours and conditions of employment
19of the municipal employes in a collective bargaining unit. In creating this subchapter
20the legislature recognizes that the municipal employer must exercise its powers and
21responsibilities to act for the government and good order of the jurisdiction which it
22serves, its commercial benefit and the health, safety and welfare of the public to
23assure orderly operations and functions within its jurisdiction, subject to those
24rights secured to municipal employes by the constitutions of this state and of the
25United States and by this subchapter.
AB591-ASA3,148,52
111.70
(4) (n)
Health benefit plan requirements. 1. Except as provided in subd.
32., the municipal employer is prohibited from bargaining collectively with respect to
4compliance with the health benefit plan requirements under ss. 632.745, 632.747
5and 632.749.
AB591-ASA3,148,106
2. If a municipal employer offers its employes a health care coverage plan
7through a program offered by the group insurance board under s. 40.51 (7), the
8municipal employer is prohibited from bargaining collectively with respect to
9compliance with the health benefit plan requirements under ss. 632.745 (1) to (3) and
10(5) and 632.747 with respect to the health care coverage plan.
AB591-ASA3,148,1312
111.91
(2) (k) Compliance with the health benefit plan requirements under ss.
13632.745 (1) to (3) and (5) and 632.747.
AB591-ASA3,149,216
115.347
(2) Whenever a school district that is located in whole or in part in a
17county that has converted to the client assistance for reemployment and economic
18support data system submits a report under sub. (1) in the prescribed format, the
19department of industry, labor and human relations shall determine which children
20enrolled in the school district are members
of Wisconsin works groups participating
21under s. 49.147 (3) to (5) or of families receiving aid to families with dependent
22children or food stamps
, or both, and shall provide the information to the school board
23as soon thereafter as possible. The school board shall use the information to directly
24certify children as eligible for free or reduced-price meals served by the school
1district under federal school nutrition programs, pursuant to
42 USC 1758 (b) (2) (C)
2(ii) and (iii).