AB150: Bill Text

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.

AB150, s. 2885 Section 2885. 49.193 (10m) of the statutes is amended to read:

AB150,1037,25 49.193 (10m) Work-first program. The department shall select Kenosha county and additional counties in which to pilot the work-first program under this subsection. The work-first program shall be conducted as part of the job opportunities and basic skills program under this section and shall be funded from s. 20.435 (4) (df) 20.445 (3) (df). The work-first program shall seek to increase the amount of job opportunities and basic skills program services provided to recipients of aid to families with dependent children and to minimize the time between the date on which a person in a pilot county first applies for aid to families with dependent children under s. 49.19 and the date on which the person begins to participate in the job opportunities and basic skills program under this section.

AB150, s. 2886 Section 2886. 49.195 (3) of the statutes is amended to read:

AB150,1038,4 49.195 (3) Notwithstanding s. 49.41 49.96, the department shall promptly recover all overpayments made under s. 49.19 and shall promulgate rules establishing policies and procedures to administer this subsection.

AB150, s. 2887 Section 2887. 49.195 (4m) of the statutes is created to read:

AB150,1038,12 49.195 (4m) A county or elected governing body of a federally recognized American Indian tribe may assess a fee on a person who fails to comply with a plan for recovering overpayments made under s. 49.19, if the person is no longer eligible for benefits under s. 49.19. The fee may not exceed 10% of the amount remaining to be recovered at the time of the noncompliance and may not be assessed more than once with respect to the same overpayment. The fee may be retained by the county or tribal governing body.

AB150, s. 2888 Section 2888. 49.195 (5) of the statutes is created to read:

AB150,1038,18 49.195 (5) The department may charge a county, or an elected governing body of a federally recognized American Indian tribe or band, for the administrative costs that are incurred by the department of health and social services and the department of revenue and that are related to certifications under s. 46.254 (2) to recover overpayments made under s. 49.19.

AB150, s. 2889 Section 2889. 49.195 (5) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1038,25 49.195 (5) The department may charge a county, or an elected governing body of a federally recognized American Indian tribe or band, for the administrative costs that are incurred by the department of health and social services industry, labor and human relations and the department of revenue and that are related to certifications under s. 46.254 49.85 (2) (b) to recover overpayments made under s. 49.19.

****Note: This is reconciled s. 49.195 (5). This Section has been affected by drafts with the following LRB numbers: -0727/4 and 2153/3.

AB150, s. 2890 Section 2890. 49.197 (1m) of the statutes is amended to read:

AB150,1039,13 49.197 (1m) Fraud investigation. From the appropriations under s. 20.435 (4) (de), (L), (n) and (nL) 20.445 (3) (de), (L), (n) and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under ss. 49.46 to 49.47 subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state and local agencies, development of an advisory welfare investigation prosecution standard and provision of funds to county departments under s. 46.215, 46.22 and 46.23 to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB150, s. 2891 Section 2891. 49.197 (3) of the statutes is amended to read:

AB150,1039,19 49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in medical assistance under ss. 49.43 to 49.47 subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029. The department shall fund the activities under this section from the appropriation under s. 20.435 (4) (L) 20.445 (3) (L).

AB150, s. 2892 Section 2892. 49.197 (4) of the statutes is amended to read:

AB150,1040,5 49.197 (4) County and tribal error reduction. The department shall provide funds from the appropriations under s. 20.435 (4) (de), (L) and (Lm) 20.445 (3) (de), (L) and (Lm) and federal matching funds from the appropriations under s. 20.435 (4) (n) and (nL) 20.445 (3) (n) and (nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under ss. 49.43 to 49.47 subch. IV, aid to families with dependent children under s. 49.19 or the food stamp program under 7 USC 2011 to 2029 to offset administrative costs of reducing payment errors in those programs.

AB150, s. 2893 Section 2893. 49.20 (3) of the statutes is amended to read:

AB150,1040,12 49.20 (3) Payment. Aid under this section shall be paid from the appropriation under s. 20.435 (4) (d) 20.445 (3) (d) and shall be in an amount equal to that to which the person would be entitled under s. 49.19 if he or she were 17 years of age, except that if the person's family became ineligible for aid under s. 49.19 on the person's 18th birthday, the amount paid shall equal the amount of aid granted to a single person under s. 49.19.

AB150, s. 2894 Section 2894. 49.21 (title) of the statutes is created to read:

AB150,1040,14 49.21 (title) Aid to families with dependent children hearings.

AB150, s. 2895 Section 2895. 49.25 (8) (a) of the statutes is amended to read:

AB150,1040,18 49.25 (8) (a) From the appropriation under s. 20.435 (4) (ci) (ga), the department shall provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

AB150, s. 2896 Section 2896 . 49.25 (8) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1040,23 49.25 (8) (a) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

****Note: This is reconciled s. 49.25 (8) (a). This Section has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1.

AB150, s. 2897 Section 2897. 49.25 (8) (b) of the statutes is amended to read:

AB150,1041,4 49.25 (8) (b) From the appropriation under s. 20.435 (4) (ci) (ga), the department shall provide funds to Milwaukee county to fund an additional family court commissioner.

AB150, s. 2898 Section 2898 . 49.25 (8) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1041,9 49.25 (8) (b) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall provide funds to Milwaukee county to fund an additional family court commissioner.

****Note: This is reconciled s. 49.25 (8) (b). This Section has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1.

AB150, s. 2899 Section 2899. 49.27 (2) of the statutes is amended to read:

AB150,1042,3 49.27 (2) Waiver; applicability. The department shall request a waiver from the secretaries of the federal department of health and human services and the federal department of agriculture to conduct a work-not-welfare pilot program as part of the aid to families with dependent children program under s. 49.19, the food stamp program under 7 USC 2011 to 2029 and the medical assistance program under ss. 49.45 to 49.47 subch. IV. If the department receives the federal waivers and if sufficient funds are available, the department shall pilot the program, beginning on January 1, 1995, in one or more pilot counties selected by the department. If a pilot county is a county in which a demonstration project under s. 49.19 (11m) is being conducted or a county selected for participation in the parental responsibility pilot program under s. 49.25, the department shall promulgate rules regarding the relationship between the work-not-welfare pilot program and the other demonstration or pilot programs operating in the pilot counties. These rules shall provide that a person may not be required to participate in more than one of these demonstration or pilot programs at a time. Subsections (3) to (11) apply only while the waiver is in effect and the department is conducting the program.

AB150, s. 2900 Section 2900. 49.27 (4) (c) 1. e. of the statutes is amended to read:

AB150,1042,10 49.27 (4) (c) 1. e. The portion of the benefit amount calculated under this subdivision is based on the average income of the work-not-welfare group, estimated prospectively for a 6-month period, except that for the first 2 months for which benefits calculated under this paragraph are paid the portion of the benefit amount calculated under this subdivision is based on the estimated average income for those first 2 months.

AB150, s. 2901 Section 2901. 49.27 (4) (d) 2. b. of the statutes is amended to read:

AB150,1042,13 49.27 (4) (d) 2. b. A person in the work-not-welfare group is sanctioned under sub. (5) (f) or s. 49.12, 49.123 (2), 49.127, 49.19 (4) (h) 2. or, 49.29, 49.49 or 49.95.

****Note: This is reconciled s. 49.27 (4) (d) 2. b. This Section has been affected by drafts with the following LRB numbers: -1701/3 and 2153/1.

AB150, s. 2902 Section 2902. 49.27 (4) (d) 2. c. of the statutes is amended to read:

AB150,1042,17 49.27 (4) (d) 2. c. A person in the work-not-welfare group obtains a new source of unsubsidized employment or experiences an increase or a decrease in unsubsidized employment of 10 or more hours per week.

AB150, s. 2903 Section 2903. 49.27 (4) (d) 2. em. of the statutes is created to read:

AB150,1042,21 49.27 (4) (d) 2. em. The work-not-welfare group experiences an increase or decrease in child care expenses of more than $50 per month or a change in the maximum allowable child care disregard under s. 49.19 (5) (a) 4s.

AB150, s. 2904 Section 2904. 49.27 (4) (d) 2. f. of the statutes is amended to read:

AB150,1043,3 49.27 (4) (d) 2. f. The combined equity value of all of a work-not-welfare group's assets exceeds the limitation in s. 49.19 (4) (bm), except as permitted under s. 49.19 (4) (bu) or (by).

AB150, s. 2905 Section 2905. 49.27 (4) (g) 1. a. of the statutes is amended to read:

AB150,1043,7 49.27 (4) (g) 1. a. The person receives or has been determined to be eligible for a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 for the month.

AB150, s. 2906 Section 2906 . 49.27 (4) (g) 1. a. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1043,12 49.27 (4) (g) 1. a. The person receives or has been determined to be eligible for a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 49.77 for the month.

****Note: This is reconciled s. 49.27 (4) (g) 1. a. This Section has been affected by drafts with the following LRB numbers: -0744/3 and -2153/1.

AB150, s. 2907 Section 2907. 49.27 (4) (g) 1. c. of the statutes is amended to read:

AB150,1043,15 49.27 (4) (g) 1. c. The person is required to attend school as part of the learnfare program under s. 49.50 (7) 49.26.

AB150, s. 2908 Section 2908. 49.27 (5) (c) 1. of the statutes is amended to read:

AB150,1043,18 49.27 (5) (c) 1. The person is ill, incapacitated or of an advanced age within the meaning of 7 42 USC 602 (a) (19) (C) (i).

AB150, s. 2909 Section 2909. 49.27 (5) (c) 3. of the statutes is amended to read:

AB150,1043,22 49.27 (5) (c) 3. The person receives a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 49.77 for that month.

AB150, s. 2910 Section 2910. 49.27 (5) (c) 5. of the statutes is amended to read:

AB150,1044,2 49.27 (5) (c) 5. The person is required to attend school as part of the learnfare program under s. 49.50 (7) 49.26.

AB150, s. 2911 Section 2911. 49.27 (5) (f) of the statutes is amended to read:

AB150,1044,14 49.27 (5) (f) Sanctions. If, after the first month for which a work-not-welfare group receives cash benefits determined under sub. (4), a person in the work-not-welfare group fails to meet the employment and training requirements under this subsection in a month, the work-not-welfare group may be sanctioned by reducing, or by not paying, the benefit amount determined under sub. (4) for that month. For purposes of the maximum number of monthly benefit payments permitted under sub. (4) (e), a work-not-welfare group shall be considered to have received a monthly benefit in a month in which, as a result of sanctions under this paragraph, a reduced monthly benefit or no monthly benefit is paid. The notice requirement under s. 49.193 (9) and the fair hearing and review provisions under s. 49.50 (8) 49.21 (1) apply to a sanction imposed under this paragraph.

AB150, s. 2912 Section 2912. 49.27 (6) (c) of the statutes is amended to read:

AB150,1045,2 49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 46.98 (1) (am). The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.50 (6g) 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 46.98 (4) (d), or, if a higher rate is established under s. 46.98 (4) (e) and if the child care services meet the quality standards established under s. 46.98 (4) (e), the rates for child care services under this paragraph that meet those standards shall be determined under s. 46.98 (4) (e). The department shall promulgate rules for the disbursement of funds under this paragraph.

AB150, s. 2913 Section 2913. 49.27 (10) (c) of the statutes is amended to read:

AB150,1045,11 49.27 (10) (c) Children's services network. Each county department under s. 46.215, 46.22 or 46.23 entering into a contract with the department under par. (a) shall establish a children's services network. The children's services network shall provide information about community resources available to the children in a work-not-welfare group during the work-not-welfare group's benefit period and the work-not-welfare group's period of ineligibility under sub. (4) (f), including charitable food and clothing centers; the state supplemental food program for women, infants and children under s. 253.06; and child care programs under s. 46.98.

AB150, s. 2914 Section 2914. 49.27 (10) (e) of the statutes is amended to read: