AB150: Bill Text

AB150, s. 2853 Section 2853. 49.19 (4) (g) 1. and 2. of the statutes are amended to read:

AB150,1024,21 49.19 (4) (g) 1. If the pregnancy is medically verified, a pregnant woman receiving aid under this section who notifies the county department under s. 46.215 or 46.22 before the 7th 8th month of pregnancy begins shall receive a monthly payment determined under sub. (11) (a) 4. from the first day of the month in which the 7th 8th month of pregnancy begins, in addition to the payment determined according to family size under sub. (11) (a). If the recipient provides notification after the 7th 8th month of pregnancy begins, the woman shall receive the additional monthly payment determined under sub. (11) (a) 4. beginning with the first day of the month following notification.

AB150,1025,5 2. Aid to a pregnant woman who is otherwise eligible but has no children is available from the first day of the month in which the 7th 8th month of pregnancy begins or the date the woman submits a signed and completed application for aid to the county department under s. 46.215 or 46.22, whichever is later, if the pregnancy is medically verified. The pregnant woman has a family size of one for grant determination purposes under sub. (11) (a) and is additionally eligible for a monthly payment determined under sub. (11) (a) 4.

AB150, s. 2854 Section 2854. 49.19 (5) (cm) 1. of the statutes is amended to read:

AB150,1025,9 49.19 (5) (cm) 1. In this paragraph, "2-party direct payment" means a check which is drawn in favor of the landlord of a recipient of aid under this section and the recipient's landlord, jointly.

AB150, s. 2855 Section 2855. 49.19 (5) (cm) 2. of the statutes is amended to read:

AB150,1025,13 49.19 (5) (cm) 2. A 2-party direct payment shall be made whenever a recipient of aid under this section has failed to pay rent to the landlord for 2 months or more, unless the failure to pay rent is authorized by law.

AB150, s. 2856 Section 2856. 49.19 (5) (cm) 3. c. of the statutes is amended to read:

AB150,1025,18 49.19 (5) (cm) 3. c. If it determines that the conditions for issuing a 2-party direct payment under subd. 2. are met, inform the recipient of the right to a fair hearing on the issue of whether 2-party direct payment of rent should be made and inform the department of health and social services of its determination.

AB150, s. 2857 Section 2857. 49.19 (5) (cm) 4. of the statutes is amended to read:

AB150,1025,23 49.19 (5) (cm) 4. When it has been determined that a 2-party direct payment of rent should be made, the department of health and social services shall issue the recipient's monthly grant in 2 checks, a 2-party direct payment for the amount of the rent and a check drawn in favor of the recipient for the balance of the grant amount.

AB150, s. 2858 Section 2858. 49.19 (5) (cm) 5. of the statutes is amended to read:

AB150,1026,4 49.19 (5) (cm) 5. The county department shall review each case in which a 2-party direct payment is being made at least once every 12 months and whenever a recipient reports that a condition under subd. 6. for the cessation of 2-party direct payments exists.

AB150, s. 2859 Section 2859. 49.19 (5) (cm) 6. (intro.) of the statutes is amended to read:

AB150,1026,9 49.19 (5) (cm) 6. (intro.) The county department shall inform the department of health and social services, and the department of health and social services shall cease making a 2-party direct payment, when the county department determines that any of the following conditions exists:

AB150, s. 2860 Section 2860. 49.19 (5) (cm) 6. a. of the statutes is amended to read:

AB150,1026,12 49.19 (5) (cm) 6. a. A 2-party direct payment has been made for 24 consecutive months.

AB150, s. 2861 Section 2861. 49.19 (5) (d) of the statutes is amended to read:

AB150,1026,16 49.19 (5) (d) The department shall reimburse the county for the funeral, burial and actual cemetery expenses of a dependent child or the child's parents as provided in s. 49.30.

AB150, s. 2862 Section 2862. 49.19 (10) (a) of the statutes is amended to read:

AB150,1027,5 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 49.52 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB150, s. 2863 Section 2863. 49.19 (10) (d) of the statutes is amended to read:

AB150,1027,16 49.19 (10) (d) Aid may also be paid under this section to a foster home or treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and social services or the department of corrections.

AB150, s. 2864 Section 2864. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB150,1027,22 49.19 (11) (a) 1. a. (intro.) Except as provided in sub. subs. (11m) and (11s), monthly payments made under s. 20.435 (4) (d) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB150, s. 2865 Section 2865 . 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1028,5 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.435 (4) (d) and (p) 20.445 (3) (d) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

****Note: This is reconciled s. 49.19 (11) (a) 1. a. (intro.). This Section has been affected by drafts with the following LRB numbers: -0745/4 and -2153/1.

AB150, s. 2866 Section 2866. 49.19 (11m) (a) of the statutes is amended to read:

AB150,1029,4 49.19 (11m) (a) The department shall apply to the secretary of the federal department of health and human services for approval of a demonstration project under which the department provides a person eligible for aid under this section who is described in par. (am) with monthly payments, for the first 6 months that he or she lives in this state, calculated on the basis of the aid to families with dependent children benefit level in the state in which the family most recently resided for one month or longer. The department shall promulgate a rule, which it shall update annually, establishing the methods and identifying the factors that the department will use to determine the aid to families with dependent children benefit that will be paid under the demonstration project according to family size and state of former residence. The rule shall also establish the initial benefit table to be used in determining benefits under the demonstration project. The department shall publish annual changes to this benefit table in the Wisconsin administrative register. The department shall base the benefit for a family on the aid to families with dependent children benefit available to a typical family of the same size in the other state, taking into account all factors that may affect the amount of the benefit. The rule shall specify the factors that the department uses to establish the benefit for participants in the demonstration project. If a family moves from a state that allows a family to keep a different amount of income without reducing benefits than a family would be allowed to keep in this state, the department shall allow the family to keep a similar amount of income without reducing benefits.

AB150, s. 2867 Section 2867. 49.19 (11m) (am) (intro.) of the statutes is amended to read:

AB150,1029,8 49.19 (11m) (am) (intro.) Under the demonstration project, a person is subject to receiving the payments under par. (a) if he or she has not previously resided in this state for at least 6 consecutive months and either:

AB150, s. 2868 Section 2868. 49.19 (11s) of the statutes is created to read:

AB150,1029,17 49.19 (11s) (a) The department shall conduct a demonstration project under this subsection pursuant to a waiver from the secretary of the federal department of health and human services beginning on January 1, 1996. To the extent permitted in the waiver, the department may apply pars. (b) to (d) to all recipients of aid under this section or to a test group of recipients of aid under this section determined by the department. Paragraphs (b) to (d) do not apply to persons subject to s. 49.25 and shall apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.

AB150,1029,21 (b) In determining the payment amount under sub. (11) (a), a child born into a family more than 10 months after the date that the family was first determined to be eligible for assistance under this section shall not be considered in determining family size unless at least one of the following conditions is met:

AB150,1029,25 1. The family did not receive benefits under this section for a period of at least 6 months, other than as a result of sanctions, and the child was born during that period or not more than 10 months after the family resumed receiving benefits under this section after that period.

AB150,1030,5 2. The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.

AB150,1030,8 3. The child's mother is a dependent child at the time of the child's birth and the child is born as a result of the mother's first pregnancy that resulted in a live birth.

AB150,1030,9 4. The child does not reside with his or her biological mother or father.

AB150,1030,11 5. The family or child meets the criteria for an exemption from the application of this paragraph under a rule promulgated by the department.

AB150,1030,13 (c) The department shall inform all applicants for aid under this section of the limitation under par. (b) at the time of application.

AB150,1030,16 (d) From the appropriation under s. 20.435 (4) (di), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services to persons subject to par. (b).

AB150, s. 2869 Section 2869. 49.19 (11s) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1030,22 49.19 (11s) (d) From the appropriation under s. 20.435 (4) (di) 20.445 (3) (di), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services to persons subject to par. (b).

****Note: This is reconciled s. 49.19 (11s) (d). This Section has been affected by drafts with the following LRB numbers: -0745/4 and -2153/1.

AB150, s. 2870 Section 2870. 49.19 (16) of the statutes is amended to read:

AB150,1031,4 49.19 (16) The department shall provide written notice of the penalties under s. 49.123 (2) 49.29 to each applicant for aid under this section at the time of application and to each person who receives aid under this section on June 18, 1992, at the time of the next redetermination of the person's eligibility.

****Note: This is reconciled s. 49.19 (16). This Section has been affected by drafts with the following LRB numbers: -1701/3 and 2153/1.

AB150, s. 2871 Section 2871. 49.19 (17) of the statutes is amended to read:

AB150,1031,13 49.19 (17) The department may recover an overpayment of aid under this section from an overpaid family who continues to receive aid by reducing the amount of the family's monthly aid payment by no more than 10% of the maximum monthly payment allowance under sub. (11) for a family of that size, in the case of overpayments of aid resulting from an intentional violation of ss. 49.19 to 49.41 or the rules promulgated under those sections by a member of the family receiving the overpayment, and by no more than 7% of the maximum monthly payment allowance under sub. (11) for a family of that size, in all other cases.

AB150, s. 2872 Section 2872. 49.191 (title) of the statutes is created to read:

AB150,1031,15 49.191 (title) Aid to families with dependent children day care funding.

AB150, s. 2873 Section 2873. 49.193 (1) (f) of the statutes is created to read:

AB150,1031,21 49.193 (1) (f) The department may carry forward for a county funds that are committed to the county under a performance-based contract for a specific calendar year and that are earned by the county in that year to the following calendar year, if the carry-forward is approved by the secretary of administration. The funds carried forward under this paragraph do not affect a county's base allocation.

AB150, s. 2874 Section 2874. 49.193 (2) (a) of the statutes is amended to read:

AB150,1032,8 49.193 (2) (a) The department shall ensure that all persons required under 42 USC 602 (a) (19) and 42 USC 681 to 687 to participate in a job opportunities and basic skills training program participate in the program under this section. In addition, the department shall require a parent or other caretaker relative of a child who is at least one year of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation in the program for a reason other than being a parent or other caretaker of a child under 3 years of age.

AB150, s. 2875 Section 2875. 49.193 (2) (b) 2. of the statutes is amended to read:

AB150,1032,13 49.193 (2) (b) 2. A custodial parent under the age of 24 who has not graduated from a public or private high school or obtained a declaration of equivalency of high school graduation under s. 115.29 (4) and who, at the time of application for aid under s. 49.19, is not enrolled in school, as defined in s. 49.50 (7) (a) 49.26 (1) (a).

AB150, s. 2876 Section 2876. 49.193 (2) (e) of the statutes is repealed.

AB150, s. 2877 Section 2877. 49.193 (3m) of the statutes is created to read:

AB150,1032,23 49.193 (3m) Orientation and job search requirement. (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of pars. (b) to (e) beginning on the date specified in the waiver. The waiver may not request the application of pars. (b) to (e) before January 1, 1996. The waiver may request permission to apply pars. (b) to (e) to all applicants for aid under s. 49.19 or to a test group of these applicants determined by the department. Paragraphs (b) to (e) apply only while a waiver under this paragraph is in effect and only with respect to applicants covered by the waiver.

AB150,1033,2 (b) The department may not provide aid under s. 49.19 to any applicant who is subject to the requirements under par. (c) or (d) and who is not exempt under par. (e), until the applicant has provided verification, in a form to be specified by the department by rule, that he or she has complied with these requirements.

AB150,1033,10 (c) The department may require any adult applicant for aid under s. 49.19 to attend one or more orientation sessions offered during the 30-day period beginning on the date that the caretaker relative applies for aid under s. 49.19. Orientation sessions offered under this paragraph shall emphasize self-sufficiency and shall encourage applicants to consider alternatives to aid under s. 49.19. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) (g) to attend an orientation session under this paragraph at a time that would conflict with school attendance.

AB150,1033,17 (d) The department may require any adult applicant for aid under s. 49.19 who is required to participate in the program under this section to participate in job search activities under this paragraph. The department may require participation in not more than 30 days of job search activities under this paragraph. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) (g) to participate in any job search activity under this paragraph at a time that would conflict with school attendance.

AB150,1033,23 (e) The agency administering the program under this section may exempt an applicant for aid under s. 49.19 from any requirement under pars. (c) and (d), if the agency determines that the applicant would not benefit from complying with the requirement. The department shall promulgate a rule establishing standards to be used by agencies administering the program under this section in making determinations under this paragraph.

AB150, s. 2878 Section 2878. 49.193 (3m) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1034,9 49.193 (3m) (c) The department may require any adult applicant for aid under s. 49.19 to attend one or more orientation sessions offered during the 30-day period beginning on the date that the caretaker relative applies for aid under s. 49.19. Orientation sessions offered under this paragraph shall emphasize self-sufficiency and shall encourage applicants to consider alternatives to aid under s. 49.19. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) (g) learnfare program under s. 49.26 to attend an orientation session under this paragraph at a time that would conflict with school attendance.

AB150, s. 2879 Section 2879. 49.193 (3m) (d) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1034,19 49.193 (3m) (d) The department may require any adult applicant for aid under s. 49.19 who is required to participate in the program under this section to participate in job search activities under this paragraph. The department may require participation in not more than 30 days of job search activities under this paragraph. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.50 (7) (g) learnfare program under s. 49.26 to participate in any job search activity under this paragraph at a time that would conflict with school attendance.

****Note: This is reconciled s. 49.193 (3m) (d). This Section has been affected by drafts with the following LRB numbers: -0748/4 and -2153/1.

AB150, s. 2880 Section 2880. 49.193 (8) (a) of the statutes is amended to read:

AB150,1035,8 49.193 (8) (a) The department shall pay child care costs of persons with approved employability plans who are participating in the program under this section and of persons who are participating in orientation and job search activities required under sub. (3m). Payment or reimbursement shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of care or the rate established under s. 46.98 (4) (d), or, if a higher rate is established under s. 46.98 (4) (e) and if the child care meets the quality standards established under s. 46.98 (4) (e), payment or reimbursement for child care that meets those standards shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (e).

AB150, s. 2881 Section 2881. 49.193 (8) (bm) of the statutes is amended to read:

AB150,1035,16 49.193 (8) (bm) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under this subsection or under s. 49.50 (6e) (a) 49.191 (1) (a) may, with the approval of the department, use those funds to pay or reimburse child care costs under s. 49.50 (6e) (b), (6g) or (7) (e) 49.191 (1) (b) or (2) or 49.26 (1) (e). The department shall approve or disapprove of this use of funds under criteria established to maximize state and federal funding available for child care.

AB150, s. 2882 Section 2882. 49.193 (8) (c) of the statutes is amended to read:

AB150,1035,20 49.193 (8) (c) The department may only pay child care costs under this subsection if the child care is provided by a child care provider, as defined in s. 49.50 (1).

AB150, s. 2883 Section 2883. 49.193 (9) of the statutes is amended to read:

AB150,1036,3 49.193 (9) Notice concerning sanctions. Following conciliation and before imposing a sanction on a person receiving aid under s. 49.19 who fails without good cause to participate in the program under this section or to accept employment or who terminates employment or reduces earnings without good cause, the county department under s. 46.215, 46.22 or 46.23 shall notify the person in writing of the reason for the proposed sanction. The notice shall inform the person of the right to appeal under s. 49.50 (8) 49.21 (1).

AB150, s. 2884 Section 2884. 49.193 (9m) of the statutes is created to read:

AB150,1036,12 49.193 (9m) Sanctions. (a) The department shall request a waiver from the federal department of health and human services to permit the application of pars. (b) and (c) beginning on the date specified in the waiver. The waiver may not request the application of pars. (b) and (c) before January 1, 1996. The waiver may request permission to apply pars. (b) and (c) to all recipients of aid under s. 49.19, or to a test group of these recipients, to be determined by the department. Paragraphs (b) and (c) apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.

AB150,1036,16 (b) Notwithstanding s. 49.19 (11) (a), if all of the following conditions apply in a month to a recipient of aid under s. 49.19, the department shall determine the amount of aid under s. 49.19 to be paid to the recipient's family in a subsequent month as provided in par. (c):

AB150,1036,18 1. The recipient of aid is required to participate in an activity under this section for a regularly scheduled number of hours in the month.

AB150,1036,20 2. The recipient of aid participates in the activity in the month for less than the required number of hours without good cause, as defined by the department by rule.

AB150,1036,24 3. The agency administering the program under this section determines, in accordance with standards established by the department by rule, that the activity that the recipient is engaged in during the month has continued, or is expected to continue, for more than one month.

AB150,1037,2 (c) If par. (b) applies, the amount of aid under s. 49.19 paid to the recipient's family in a subsequent month shall be determined as follows:

AB150,1037,6 1. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.

AB150,1037,9 2. The department shall subtract the total number of hours determined under subd. 1. from the recipient's total number of hours of required participation in that month.

AB150,1037,11 3. The department shall multiply the number of hours determined under subd. 2. by the federal minimum hourly wage under 29 USC 206 (a) (1).

AB150,1037,14 4. The department shall subtract the dollar amount determined under subd. 3. from the amount of aid under s. 49.19 that the recipient's family would have received if he or she had participated for the total number of assigned hours.