AB150,1036,322
49.193
(9) Notice concerning sanctions. Following conciliation and before
23imposing a sanction on a person receiving aid under s. 49.19 who fails without good
24cause to participate in the program under this section or to accept employment or
25who terminates employment or reduces earnings without good cause, the county
1department under s. 46.215, 46.22 or 46.23 shall notify the person in writing of the
2reason for the proposed sanction. The notice shall inform the person of the right to
3appeal under s.
49.50 (8) 49.21 (1).
AB150, s. 2884
4Section
2884. 49.193 (9m) of the statutes is created to read:
AB150,1036,125
49.193
(9m) Sanctions. (a) The department shall request a waiver from the
6federal department of health and human services to permit the application of pars.
7(b) and (c) beginning on the date specified in the waiver. The waiver may not request
8the application of pars. (b) and (c) before January 1, 1996. The waiver may request
9permission to apply pars. (b) and (c) to all recipients of aid under s. 49.19, or to a test
10group of these recipients, to be determined by the department. Paragraphs (b) and
11(c) apply only while a waiver under this paragraph is in effect and only with respect
12to recipients covered by the waiver.
AB150,1036,1613
(b) Notwithstanding s. 49.19 (11) (a), if all of the following conditions apply in
14a month to a recipient of aid under s. 49.19, the department shall determine the
15amount of aid under s. 49.19 to be paid to the recipient's family in a subsequent
16month as provided in par. (c):
AB150,1036,1817
1. The recipient of aid is required to participate in an activity under this section
18for a regularly scheduled number of hours in the month.
AB150,1036,2019
2. The recipient of aid participates in the activity in the month for less than the
20required number of hours without good cause, as defined by the department by rule.
AB150,1036,2421
3. The agency administering the program under this section determines, in
22accordance with standards established by the department by rule, that the activity
23that the recipient is engaged in during the month has continued, or is expected to
24continue, for more than one month.
AB150,1037,2
1(c) If par. (b) applies, the amount of aid under s. 49.19 paid to the recipient's
2family in a subsequent month shall be determined as follows:
AB150,1037,63
1. The department shall add the recipient's total number of hours of actual
4participation in the month to the total number of hours in a month for which the
5recipient had good cause, as defined by the department by rule, for not participating
6in required activities.
AB150,1037,97
2. The department shall subtract the total number of hours determined under
8subd. 1. from the recipient's total number of hours of required participation in that
9month.
AB150,1037,1110
3. The department shall multiply the number of hours determined under subd.
112. by the federal minimum hourly wage under
29 USC 206 (a) (1).
AB150,1037,1412
4. The department shall subtract the dollar amount determined under subd.
133. from the amount of aid under s. 49.19 that the recipient's family would have
14received if he or she had participated for the total number of assigned hours.
AB150, s. 2885
15Section
2885. 49.193 (10m) of the statutes is amended to read:
AB150,1037,2516
49.193
(10m) Work-first program. The department shall select Kenosha
17county and additional counties in which to pilot the work-first program under this
18subsection. The work-first program shall be conducted as part of the job
19opportunities and basic skills program under this section and shall be funded from
20s.
20.435 (4) (df) 20.445 (3) (df). The work-first program shall seek to increase the
21amount of job opportunities and basic skills program services provided to recipients
22of aid to families with dependent children and to minimize the time between the date
23on which a person in a pilot county first applies for aid to families with dependent
24children under s. 49.19 and the date on which the person begins to participate in the
25job opportunities and basic skills program under this section.
AB150, s. 2886
1Section
2886. 49.195 (3) of the statutes is amended to read:
AB150,1038,42
49.195
(3) Notwithstanding s.
49.41
49.96, the department shall promptly
3recover all overpayments made under s. 49.19 and shall promulgate rules
4establishing policies and procedures to administer this subsection.
AB150, s. 2887
5Section
2887. 49.195 (4m) of the statutes is created to read:
AB150,1038,126
49.195
(4m) A county or elected governing body of a federally recognized
7American Indian tribe may assess a fee on a person who fails to comply with a plan
8for recovering overpayments made under s. 49.19, if the person is no longer eligible
9for benefits under s. 49.19. The fee may not exceed 10% of the amount remaining to
10be recovered at the time of the noncompliance and may not be assessed more than
11once with respect to the same overpayment. The fee may be retained by the county
12or tribal governing body.
AB150, s. 2888
13Section
2888. 49.195 (5) of the statutes is created to read:
AB150,1038,1814
49.195
(5) The department may charge a county, or an elected governing body
15of a federally recognized American Indian tribe or band, for the administrative costs
16that are incurred by the department of health and social services and the department
17of revenue and that are related to certifications under s. 46.254 (2) to recover
18overpayments made under s. 49.19.
AB150, s. 2889
19Section
2889. 49.195 (5) of the statutes, as created by 1995 Wisconsin Act ....
20(this act), is amended to read:
AB150,1038,2521
49.195
(5) The department may charge a county, or an elected governing body
22of a federally recognized American Indian tribe or band, for the administrative costs
23that are incurred by the department of
health and social services industry, labor and
24human relations and the department of revenue and that are related to certifications
25under 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
1Section
2890. 49.197 (1m) of the statutes is amended to read:
AB150,1039,132
49.197
(1m) Fraud investigation. From the appropriations under s.
20.435 (4)
3(de), (L), (n) and (nL) 20.445 (3) (de), (L), (n) and (nL), the department shall establish
4a program to investigate suspected fraudulent activity on the part of recipients of
5medical assistance under
ss. 49.46 to 49.47 subch. IV, aid to families with dependent
6children under s. 49.19 and the food stamp program under
7 USC 2011 to
2029. The
7department's activities under this subsection may include, but are not limited to,
8comparisons of information provided to the department by an applicant and
9information provided by the applicant to other federal, state and local agencies,
10development of an advisory welfare investigation prosecution standard and
11provision of funds to county departments under s. 46.215, 46.22 and 46.23 to
12encourage activities to detect fraud. The department shall cooperate with district
13attorneys regarding fraud prosecutions.
AB150, s. 2891
14Section
2891. 49.197 (3) of the statutes is amended to read:
AB150,1039,1915
49.197
(3) State error reduction activities. The department shall conduct
16activities to reduce payment errors in medical assistance under
ss. 49.43 to 49.47 17subch. IV, aid to families with dependent children under s. 49.19 and the food stamp
18program under
7 USC 2011 to
2029. The department shall fund the activities under
19this section from the appropriation under s.
20.435 (4) (L) 20.445 (3) (L).
AB150, s. 2892
20Section
2892. 49.197 (4) of the statutes is amended to read:
AB150,1040,521
49.197
(4) County and tribal error reduction. The department shall provide
22funds from the appropriations under s.
20.435 (4) (de), (L) and (Lm) 20.445 (3) (de),
23(L) and (Lm) and federal matching funds from the appropriations under s.
20.435 (4)
1(n) and (nL) 20.445 (3) (n) and (nL) to counties and governing bodies of federally
2recognized American Indian tribes administering medical assistance under
ss. 49.43
3to 49.47 subch. IV, aid to families with dependent children under s. 49.19 or the food
4stamp program under
7 USC 2011 to
2029 to offset administrative costs of reducing
5payment errors in those programs.
AB150, s. 2893
6Section
2893. 49.20 (3) of the statutes is amended to read:
AB150,1040,127
49.20
(3) Payment. Aid under this section shall be paid from the appropriation
8under s.
20.435 (4) (d) 20.445 (3) (d) and shall be in an amount equal to that to which
9the person would be entitled under s. 49.19 if he or she were 17 years of age, except
10that if the person's family became ineligible for aid under s. 49.19 on the person's 18th
11birthday, the amount paid shall equal the amount of aid granted to a single person
12under s. 49.19.
AB150, s. 2894
13Section
2894. 49.21 (title) of the statutes is created to read:
AB150,1040,14
1449.21 (title)
Aid to families with dependent children hearings.
AB150, s. 2895
15Section
2895. 49.25 (8) (a) of the statutes is amended to read:
AB150,1040,1816
49.25
(8) (a) From the appropriation under s. 20.435 (4)
(ci) (ga), the
17department shall provide funds to pilot counties for assistance in establishing
18paternity and obtaining child support.
AB150, s. 2896
19Section
2896
. 49.25 (8) (a) of the statutes, as affected by 1995 Wisconsin Act
20.... (this act), is amended to read:
AB150,1040,2321
49.25
(8) (a) From the appropriation under s. 20.435
(4) (ga) (3) (ga), the
22department shall provide funds to pilot counties for assistance in establishing
23paternity 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
1Section
2897. 49.25 (8) (b) of the statutes is amended to read:
AB150,1041,42
49.25
(8) (b) From the appropriation under s. 20.435 (4)
(ci) (ga), the
3department shall provide funds to Milwaukee county to fund an additional family
4court commissioner.
AB150, s. 2898
5Section
2898
. 49.25 (8) (b) of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is amended to read:
AB150,1041,97
49.25
(8) (b) From the appropriation under s. 20.435
(4) (ga) (3) (ga), the
8department shall provide funds to Milwaukee county to fund an additional family
9court 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
10Section
2899. 49.27 (2) of the statutes is amended to read:
AB150,1042,311
49.27
(2) Waiver; applicability. The department shall request a waiver from
12the secretaries of the federal department of health and human services and the
13federal department of agriculture to conduct a work-not-welfare pilot program as
14part of the aid to families with dependent children program under s. 49.19, the food
15stamp program under
7 USC 2011 to
2029 and the medical assistance program under
16ss. 49.45 to 49.47 subch. IV. If the department receives the federal waivers and if
17sufficient funds are available, the department shall pilot the program, beginning on
18January 1, 1995, in one or more pilot counties selected by the department. If a pilot
19county is a county in which a demonstration project under s. 49.19 (11m) is being
20conducted or a county selected for participation in the parental responsibility pilot
21program under s. 49.25, the department shall promulgate rules regarding the
22relationship between the work-not-welfare pilot program and the other
23demonstration or pilot programs operating in the pilot counties. These rules shall
1provide that a person may not be required to participate in more than one of these
2demonstration or pilot programs at a time. Subsections (3) to (11) apply only while
3the waiver is in effect and the department is conducting the program.
AB150, s. 2900
4Section
2900. 49.27 (4) (c) 1. e. of the statutes is amended to read:
AB150,1042,105
49.27
(4) (c) 1. e. The portion of the benefit amount calculated under this
6subdivision is based on the average income of the work-not-welfare group,
7estimated prospectively for a 6-month period, except that for the first 2 months for
8which benefits calculated under this paragraph are paid the portion of the benefit
9amount calculated under this subdivision is based on the estimated
average income
10for those first 2 months.
AB150, s. 2901
11Section
2901. 49.27 (4) (d) 2. b. of the statutes is amended to read:
AB150,1042,1312
49.27
(4) (d) 2. b. A person in the work-not-welfare group is sanctioned under
13sub. (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
14Section
2902. 49.27 (4) (d) 2. c. of the statutes is amended to read:
AB150,1042,1715
49.27
(4) (d) 2. c. A person in the work-not-welfare group obtains a new source
16of unsubsidized employment
or experiences an increase or a decrease in
17unsubsidized employment of 10 or more hours per week.
AB150, s. 2903
18Section
2903. 49.27 (4) (d) 2. em. of the statutes is created to read:
AB150,1042,2119
49.27
(4) (d) 2. em. The work-not-welfare group experiences an increase or
20decrease in child care expenses of more than $50 per month or a change in the
21maximum allowable child care disregard under s. 49.19 (5) (a) 4s.
AB150, s. 2904
22Section
2904. 49.27 (4) (d) 2. f. of the statutes is amended to read:
AB150,1043,3
149.27
(4) (d) 2. f. The combined equity value of all of a work-not-welfare group's
2assets exceeds the limitation in s. 49.19 (4) (bm)
, except as permitted under s. 49.19
3(4) (bu) or (by).
AB150, s. 2905
4Section
2905. 49.27 (4) (g) 1. a. of the statutes is amended to read:
AB150,1043,75
49.27
(4) (g) 1. a. The person receives
or has been determined to be eligible for 6a supplemental security income payment under
42 USC 1381 to
1383c or a
7supplemental payment under s. 49.177 for the month.
AB150, s. 2906
8Section
2906
. 49.27 (4) (g) 1. a. of the statutes, as affected by 1995 Wisconsin
9Act .... (this act), is amended to read:
AB150,1043,1210
49.27
(4) (g) 1. a. The person receives or has been determined to be eligible for
11a supplemental security income payment under
42 USC 1381 to
1383c or a
12supplemental 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
13Section
2907. 49.27 (4) (g) 1. c. of the statutes is amended to read:
AB150,1043,1514
49.27
(4) (g) 1. c. The person is required to attend school as part of the learnfare
15program under s.
49.50 (7) 49.26.
AB150, s. 2908
16Section
2908. 49.27 (5) (c) 1. of the statutes is amended to read:
AB150,1043,1817
49.27
(5) (c) 1. The person is ill, incapacitated or of an advanced age within the
18meaning of
7 42 USC 602 (a) (19) (C) (i).
AB150, s. 2909
19Section
2909. 49.27 (5) (c) 3. of the statutes is amended to read:
AB150,1043,2220
49.27
(5) (c) 3. The person receives a supplemental security income payment
21under
42 USC 1381 to
1383c or a supplemental payment under s.
49.177 49.77 for
22that month.
AB150, s. 2910
23Section
2910. 49.27 (5) (c) 5. of the statutes is amended to read:
AB150,1044,2
149.27
(5) (c) 5. The person is required to attend school as part of the learnfare
2program under s.
49.50 (7) 49.26.
AB150, s. 2911
3Section
2911. 49.27 (5) (f) of the statutes is amended to read:
AB150,1044,144
49.27
(5) (f)
Sanctions. If, after the first month for which a work-not-welfare
5group receives cash benefits determined under sub. (4), a person in the
6work-not-welfare group fails to meet the employment and training requirements
7under this subsection in a month, the work-not-welfare group may be sanctioned by
8reducing, or by not paying, the benefit amount determined under sub. (4) for that
9month. For purposes of the maximum number of monthly benefit payments
10permitted under sub. (4) (e), a work-not-welfare group shall be considered to have
11received a monthly benefit in a month in which, as a result of sanctions under this
12paragraph, a reduced monthly benefit or no monthly benefit is paid. The notice
13requirement under s. 49.193 (9) and the fair hearing and review provisions under s.
1449.50 (8) 49.21 (1) apply to a sanction imposed under this paragraph.
AB150, s. 2912
15Section
2912. 49.27 (6) (c) of the statutes is amended to read:
AB150,1045,216
49.27
(6) (c)
Benefits. A county department under s. 46.215, 46.22 or 46.23 shall
17provide assistance in paying the child care costs of a work-not-welfare group that
18is eligible to receive benefits under this paragraph if the child care is provided by a
19child care provider, as defined in s. 46.98 (1) (am). The formula for determining the
20amount of assistance shall be the same as the formula established by the department
21under s.
49.50 (6g) 49.191 (2). The rates for child care services under this paragraph
22shall be determined under s. 46.98 (4) (d), or, if a higher rate is established under s.
2346.98 (4) (e) and if the child care services meet the quality standards established
24under s. 46.98 (4) (e), the rates for child care services under this paragraph that meet
1those standards shall be determined under s. 46.98 (4) (e). The department shall
2promulgate rules for the disbursement of funds under this paragraph.
AB150, s. 2913
3Section
2913. 49.27 (10) (c) of the statutes is amended to read:
AB150,1045,114
49.27
(10) (c)
Children's services network. Each county department under s.
546.215, 46.22 or 46.23 entering into a contract with the department under par. (a)
6shall establish a children's services network. The children's services network shall
7provide information about community resources available to the children in a
8work-not-welfare group during the work-not-welfare group's benefit period and
9the work-not-welfare group's period of ineligibility under sub. (4) (f), including
10charitable food and clothing centers; the
state supplemental food program for
11women, infants and children under s. 253.06; and child care programs under s. 46.98.
AB150, s. 2914
12Section
2914. 49.27 (10) (e) of the statutes is amended to read:
AB150,1045,1513
49.27
(10) (e)
Child support assistance. From the appropriation under s. 20.435
14(4)
(ci) (ga), the department may provide funds to pilot counties for assistance in
15establishing paternity and obtaining child support.
AB150, s. 2915
16Section
2915
. 49.27 (10) (e) of the statutes, as affected by 1995 Wisconsin Act
17.... (this act), is amended to read:
AB150,1045,2018
49.27
(10) (e)
Child support assistance. From the appropriation under s. 20.435
19(4) (ga) (3) (ga), the department may provide funds to pilot counties for assistance in
20establishing paternity and obtaining child support.
****Note: This is reconciled s. 49.27 (10) (e). This Section has been affected by drafts with
the following LRB numbers: -0426/3 and -2153/1.
AB150, s. 2916
21Section
2916. 49.27 (11) (c) of the statutes is amended to read:
AB150,1045,2322
49.27
(11) (c) Issue food coupons in administering the food stamp program
23under s. 46.215 (1) (k) or 46.22 (1) (b)
5. 2. d. without regard to sub. (4) (c) 2.
AB150, s. 2917
1Section
2917. 49.27 (11) (g) of the statutes is amended to read:
AB150,1046,62
49.27
(11) (g) Administer the job opportunities and basic skills program under
3s. 49.193 and the food stamp employment and training program under s. 49.124
(1m) 4without regard to any of the provisions in sub. (5), including the
5hours-of-participation requirement under sub. (5) (d) and the sanctions provisions
6under sub. (5) (f).
AB150, s. 2918
7Section
2918. 49.275 of the statutes is created to read:
AB150,1046,11
849.275 Cooperation with federal government. The department may
9cooperate with the federal government in carrying out federal acts concerning public
10assistance under this subchapter and in other matters of mutual concern under this
11subchapter pertaining to public welfare.
AB150, s. 2919
12Section
2919. 49.29 (title) of the statutes is created to read:
AB150,1046,13
1349.29 (title)
Loss of eligibility.
****Note: This is reconciled s. 49.29 (title). This Section has been affected by drafts with the
following LRB numbers: -1701/3 and 2153/1.