AB150-engrossed,1019,107
49.191
(3) (c) Notwithstanding s.
49.41
49.96, the department shall promptly
8recover all overpayments made under subs.
(6e), (6g), and (7) (e) (1) and (2) and ss.
949.193 (8)
, 49.26 (1) (e) and 49.27 (6) (c). The department shall promulgate rules
10establishing policies and procedures to administer this paragraph.
AB150-engrossed, s. 3100c
11Section 3100c. 49.50 (6n) of the statutes is renumbered 49.191 (4), and 49.191
12(4) (title), as renumbered, is amended to read:
AB150-engrossed,1019,1313
49.191
(4) (title)
Day
Child care expenditure information.
AB150-engrossed, s. 3101
14Section
3101. 49.50 (7) (title) of the statutes is renumbered 49.26 (title) and
15amended to read:
AB150-engrossed,1019,16
1649.26 (title)
Learnfare pilot program.
AB150-engrossed, s. 3102b
17Section 3102b. 49.50 (7) (a) (intro.) of the statutes is renumbered 49.26 (1) (a)
18(intro.) and amended to read:
AB150-engrossed,1019,1919
49.26
(1) (a) (intro.) In this subsection
, "school":
AB150-engrossed,1019,20
202. "School" means any one of the following:
AB150-engrossed,1020,13
149.26
(1) (e) For an individual who is a recipient of aid under s. 49.19, who is
2the parent with whom a dependent child lives and who is either
required to attend 3subject to the school
attendance requirement under par.
(g) (ge) or is under 20 years
4of age and wants to attend school, the department shall make a monthly payment
5to the individual or the child care provider for the month's child care costs in an
6amount based on need with the maximum amount per child equal to the lesser of the
7actual cost of the care or the rate established under s. 46.98 (4) (d) or, if a higher rate
8is established under s. 46.98 (4) (e) and if the child care meets the quality standards
9established under s. 46.98 (4) (e), in an amount based on need with the maximum
10amount per child equal to the lesser of the actual cost of the care or the rate
11established under s. 46.98 (4) (e), if the individual demonstrates the need to purchase
12child care services in order to attend school and those services are available from a
13child care provider.
AB150-engrossed, s. 3105b
14Section 3105b. 49.50 (7) (g) of the statutes is renumbered 49.26 (1) (g), and
1549.26 (1) (g) (intro.), as renumbered, is amended to read:
AB150-engrossed,1020,1916
49.26
(1) (g) (intro.) An individual who is a recipient of aid under s. 49.19
shall
17attend school to meet the participation requirements of the program under this
18subsection is subject to the school attendance requirement under par. (ge) if all of the
19following apply:
AB150-engrossed, s. 3109b
20Section 3109b. 49.50 (7) (gm) of the statutes is renumbered 49.26 (1) (gm)
21(intro.) and amended to read:
AB150-engrossed,1020,2422
49.26
(1) (gm) (intro.) The first time that an individual fails to meet the
23requirements school attendance requirement under par.
(g) (ge), the county
24department under s. 46.215, 46.22 or 46.23 shall
offer
do all of the following:
AB150-engrossed,1021,2
12. Offer case management services described in
s. 46.62 sub. (2) to the
2individual and his or her family.
AB150-engrossed, s. 3111b
3Section 3111b. 49.50 (7) (h) of the statutes is renumbered 49.26 (1) (h), and
449.26 (1) (h) 1. (intro.) and c. and 1m., as renumbered, are amended to read:
AB150-engrossed,1021,75
49.26
(1) (h) 1. (intro.) An individual who is 6 to 12 years of age and who fails
6to meet the
requirements school attendance requirement under par.
(g) (ge) is subject
7to sanctions as provided by the department by rule only if all of the following apply:
AB150-engrossed,1021,98
c. The individual continues to fail to meet the
requirements school attendance
9requirement under par.
(g) (ge).
AB150-engrossed,1021,1210
1m. An individual who is 13 to 19 years of age and
who fails to meet the
11requirements school attendance requirement under par.
(g) (ge) is subject to
12sanctions as provided by the department by rule
.
only if all of the following apply:
AB150-engrossed, s. 3116b
14Section 3116b. 49.50 (7) (hr) of the statutes is renumbered 49.26 (1) (hr) and
15amended to read:
AB150-engrossed,1021,2116
49.26
(1) (hr) If an individual
required to attend subject to the school
17attendance requirement under par.
(g)
(ge) is enrolled in a public school,
18communications between the school district and the department or a county
19department under s. 46.215, 46.22 or 46.23 concerning the individual's school
20attendance may only be made by a school attendance officer, as defined under s.
21118.16 (1) (a).
AB150-engrossed,1022,424
49.26
(1) (i) The department shall request a waiver from the secretary of the
25federal department of health and human services to permit the application of the
1school attendance requirement under par.
(g)
(ge). Paragraphs (e) and (g) to (hr) do
2not apply unless the federal waiver is in effect. If a waiver is received, the
3department shall implement par. (e) beginning with the fall 1987 school term, as
4defined under s. 115.001 (12), or on the date the waiver is effective, whichever is later.
AB150-engrossed,1022,127
49.26
(1) (j) The department shall designate 4 counties in which the school
8attendance requirement under par.
(g) (ge) will apply to individuals who are 6 to 12
9years of age. The department may phase in the requirement by age, beginning on
10the first day of the fall 1994 school term, as defined in s. 115.001 (12). The
11department shall conduct or contract for an evaluation of the expansion of the school
12attendance requirement under this paragraph.
AB150-engrossed,1022,2117
49.82
(2) Eligibility verification. Proof shall be provided for each person
18included in an application for public assistance
under this chapter, except for a child
19who is eligible for medical assistance under s. 49.46 or 49.47 because of
42 USC 1396a 20(e) (4), of his or her social security number or that an application for a social security
21number has been made.
AB150-engrossed,1023,1023
49.50
(11) Periodic earnings check by department. The department shall
24make a periodic check of the amounts earned by recipients of medical assistance
25under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19
1and food stamps under
7 USC 2011 to
2029 through a check of the amounts credited
2to the recipient's social security number. The department shall make an
3investigation into any discrepancy between the amounts credited to a social security
4number and amounts reported as income on the declaration application and take
5appropriate action under s.
49.12 49.95 when warranted. The department shall use
6the state wage reporting system developed by the department of industry, labor and
7human relations under
1985 Wisconsin Act 17, section
65 (1), when the system is
8implemented, to make periodic earnings checks. The department of industry, labor
9and human relations shall cooperate with the department in supplying this
10information.
AB150-engrossed, s. 3127
11Section
3127. 49.50 (11) of the statutes, as affected by 1995 Wisconsin Act ....
12(this act), is repealed.
AB150-engrossed, s. 3129
14Section
3129. 49.52 (title) of the statutes is renumbered 46.495 (title) and
15amended to read:
AB150-engrossed,1023,17
1646.495 (title)
Reimbursement
Distribution of community aids funds to
17counties.
AB150-engrossed, s. 3130
18Section
3130. 49.52 (1) (ad) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), is renumbered 49.33 (8) and amended to read:
AB150-engrossed,1024,220
49.33
(8) (title)
Reimbursement for income maintenance administration. (a)
21The department shall reimburse each county for reasonable costs of income
22maintenance
relating to the administration
of the programs under this subchapter
23and subch. IV according to a formula based on workload within the limits of available
24state and federal funds under s.
20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) by
25contract under s.
46.032 49.33 (2). The amount of reimbursement calculated under
1this paragraph
and par. (b) is in addition to any reimbursement provided to a county
2for fraud and error reduction under s. 49.197 (1m) and (4).
AB150-engrossed,1024,43
(b) The department may adjust the amounts determined under
subd. 1. par. (a) 4for workload changes and computer network activities performed by counties.
AB150-engrossed,1024,86
49.52
(1) (ad) 2. The department may adjust the amounts determined under
7subd. 1. for workload changes
, administration of relief of needy Indian persons under
8s. 49.046 and computer network activities performed by counties.
AB150-engrossed, s. 3132
9Section
3132. 49.52 (1) (am) of the statutes is renumbered 46.495 (1) (am) and
10amended to read:
AB150-engrossed,1024,1711
46.495
(1) (am) The department shall reimburse each county from the
12appropriations under s. 20.435
(4) (d) and (p) and (7) (b) and (o)
for 100% of the cost
13of aid to families with dependent children granted under s. 49.19, for social services
14as approved by the department under ss. 46.215 (1), (2) (c)
1. and (3) and 46.22 (1)
15(b)
8. 1. d. and (e) 3.
, and for funeral expenses paid for recipients of aid under s. 49.30, 16a. except that no reimbursement may be made for the administration of or aid
17granted under s. 49.02.
AB150-engrossed,1025,1020
49.52
(1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
21department shall distribute the funding for social services, including funding for
22foster care or treatment foster care of a child receiving aid under s. 49.19, to county
23departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County
24matching funds are required for the distributions under s. 46.40 (2),
(3), (3m), (4), 25(4m) and (8)
, (9) and (12). Each county's required match for a year equals 9.89% of
1the total of the county's distributions for that year for which matching funds are
2required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to
3spend for juvenile delinquency-related services from its distribution for 1987.
4Matching funds may be from county tax levies, federal and state revenue sharing
5funds or private donations to the county that meet the requirements specified in s.
651.423 (5). Private donations may not exceed 25% of the total county match. If the
7county match is less than the amount required to generate the full amount of state
8and federal funds distributed for this period, the decrease in the amount of state and
9federal funds equals the difference between the required and the actual amount of
10county matching funds.
AB150-engrossed, s. 3135
11Section
3135. 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act
12.... (this act), is renumbered 46.495 (1) (d).
AB150-engrossed,1025,2320
49.124
(3) The department shall withhold the value of food stamp losses for
21which a county or federally recognized American Indian tribe is liable under sub.
(4) 22(2) from the payment to the county or tribe under s.
20.435 (4) (de) and (nL) 20.445
23(3) (de) and (nL) and reimburse the federal government from the funds withheld.
AB150-engrossed,1026,8
149.53
(1m) Except as provided under sub. (2)
, or (3)
or (4), no person may use
2or disclose information concerning applicants and recipients of
general relief
under
3s. 49.02 funded by a relief block grant, aid to families with dependent children, social
4services, child and spousal support and establishment of paternity services under s.
546.25, or supplemental payments under s. 49.177, for any purpose not connected
6with the administration of the programs. Any person violating this subsection may
7be fined not less than $25 nor more than $500 or imprisoned in the county jail not
8less than 10 days nor more than one year or both.
AB150-engrossed, s. 3144
9Section
3144. 49.53 (1m) of the statutes, as affected by 1995 Wisconsin Act ....
10(this act), is renumbered 49.83 and amended to read:
AB150-engrossed,1026,1811
49.83 Except as provided under
sub. (2) or (3) s. 49.32 (9) and (10), no person
12may use or disclose information concerning applicants and recipients of relief funded
13by a relief block grant, aid to families with dependent children, social services
, child
14and spousal support and establishment of paternity services under s. 46.25, or
15supplemental payments under s.
49.177 49.77, for any purpose not connected with
16the administration of the programs. Any person violating this subsection may be
17fined not less than $25 nor more than $500 or imprisoned in the county jail not less
18than 10 days nor more than one year or both.
AB150-engrossed,1027,220
49.53
(2) (a) Each county department under s. 46.215
or, 46.22
or 46.23 21administering aid to families with dependent children
and each official or agency
22administering general relief shall maintain a monthly report at its office showing the
23names and addresses of all persons receiving such
aids
aid together with the amount
24paid during the preceding month. Nothing in this paragraph shall be construed to
25authorize or require the disclosure in the report of any information (names,
1addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for
2the care of children in foster homes or treatment foster homes under s. 49.19 (10).
AB150-engrossed, s. 3146
3Section
3146. 49.53 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is renumbered 49.32 (9) (a).
AB150-engrossed,1027,177
49.32
(9) (b)
Such The report
under par. (a) shall be open to public inspection
8at all times during regular office hours and may be destroyed after the next
9succeeding report becomes available. Any person except any public officer, seeking
10permission to inspect such
book report shall be required to prove his or her identity
11and to sign a statement setting forth his or her address and the reasons for making
12the request and indicating that he or she understands the provisions of par. (c) with
13respect to the use of the information obtained. The use of a fictitious name is a
14violation of this section. Within 72 hours after any such record has been inspected,
15the
agency county department shall mail to each person whose record was inspected
16a notification of that fact and the name and address of the person making such
17inspection. The
agency county department shall keep a record of such requests.
AB150-engrossed, s. 3148
18Section
3148. 49.53 (2) (c) of the statutes is renumbered 49.32 (9) (c) and
19amended to read:
AB150-engrossed,1027,2220
49.32
(9) (c) It is unlawful to use any information obtained through access to
21such report for political or commercial purposes. The violation of this provision is
22punishable upon conviction as provided in
sub. (1m)
s. 49.83.
AB150-engrossed,1028,53
49.77
(5) Income determination. In determining the amount of aid to be
4granted a person applying for supplemental payments under
s. 49.177 this section,
5income shall be disregarded to the extent allowed by federal regulations.
AB150-engrossed,1028,1810
49.89
(2) Subrogation. The department
of health and social services, the
11department of industry, labor and human relations,
a county or
an elected tribal
12governing body
providing that provides any public assistance under this chapter as
13a result of the occurrence of an injury, sickness or death
which that creates a claim
14or cause of action, whether in tort or contract, on the part of a public assistance
15recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party,
16including an insurer, is subrogated to the rights of the recipient, beneficiary or estate
17and may make a claim or maintain an action or intervene in a claim or action by the
18recipient, beneficiary or estate against the 3rd party.
AB150-engrossed,1029,420
49.65
(3) Assignment of actions. The department, county or elected tribal
21governing body providing any public assistance authorized under this chapter,
22including medical assistance, By applying for assistance under this chapter, an
23applicant assigns to the department the right to make a claim to recover an
24indemnity from a 3rd party, including an insurer, if the assistance is provided as a
25result of the occurrence of injury, sickness or death
which that results in a possible
1recovery of
an indemnity from
a the 3rd party
, including an insurer, may require an
2assignment from the applicant, recipient or beneficiary of such public assistance or
3legally appointed representative of the incompetent or deceased applicant, recipient
4or beneficiary giving it the right to make a claim against the 3rd party.
AB150-engrossed, s. 3156
5Section
3156. 49.65 (3) of the statutes, as affected by 1995 Wisconsin Act ....
6(this act), is renumbered 49.89 (3) and amended to read:
AB150-engrossed,1029,127
49.89
(3) Assignment of actions. By applying for assistance under this
8chapter, an applicant assigns to the
state department,
the county department or the
9tribal governing body that provided the assistance the right to make a claim to
10recover an indemnity from a 3rd party, including an insurer, if the assistance is
11provided as a result of the occurrence of injury, sickness or death that results in a
12possible recovery of an indemnity from the 3rd party.
AB150-engrossed, s. 3157
13Section
3157. 49.65 (3m) (title) of the statutes, as created by 1995 Wisconsin
14Act .... (this act), is renumbered 49.89 (3m) (title).
AB150-engrossed,1029,1916
49.65
(3m) Notice requirements. (a) An attorney retained to represent a
17current or former recipient of assistance under this chapter, or the recipient's estate,
18in asserting a claim that is subrogated under sub. (2) or assigned under sub. (3) shall
19provide notice under par. (c).
AB150-engrossed,1029,2420
(b) If no attorney is retained to represent a current or former recipient of
21assistance under this chapter, or the recipient's estate, in asserting a claim that is
22subrogated under sub. (2) or assigned under sub. (3), the current or former recipient
23or his or her guardian or, if the recipient is deceased, the personal representative of
24the recipient's estate, shall provide notice under par. (c).
AB150-engrossed,1030,3
1(c) If a person is required to provide notice under this paragraph, the person
2shall provide notice by certified mail to the department as soon as practicable after
3the occurrence of each of the following events for a claim under par. (a) or (b):
AB150-engrossed,1030,44
1. The filing of the action asserting the claim.
AB150-engrossed,1030,55
2. Intervention in the action asserting the claim.
AB150-engrossed,1030,66
3. Consolidation of the action asserting the claim.
AB150-engrossed,1030,77
4. An award or settlement of all or part of the claim.
AB150-engrossed, s. 3159
8Section
3159. 49.65 (3m) (a) of the statutes, as created by 1995 Wisconsin Act
9.... (this act), is renumbered 49.89 (3m) (a).