AB21: Bill Text

LRB-2000/5

KSH&PJK:jrd:ch

1995 - 1996 LEGISLATURE

1995 Assembly BILL 21

January 13, 1995 - Introduced by Representatives Gard, Kelso, Huebsch, Hutchison, Dobyns, Ladwig, Krusick, Grothman, Lazich, Ainsworth, Albers, Brandemuehl, Coleman, Duff, Foti, Freese, Goetsch, Green, Grobschmidt, Gunderson, Hahn, Handrick, Harsdorf, Hasenohrl, Hoven, Jensen, Johnsrud, Kaufert, Klusman, Kreibich, F. Lasee, Lehman, Lorge, Musser, Nass, Olsen, Otte, Ott, Ourada, Owens, Porter, Powers, Prosser, Schneiders, Seratti, Silbaugh, Skindrud, Underheim, Urban, Vander Loop, Vrakas, Walker, Ward, Ziegelbauer and Zukowski, cosponsored by Senators Buettner, Zien, Petak, Cowles, Darling, Drzewiecki, Ellis, Farrow, Fitzgerald, Breske, Huelsman, A. Lasee, Panzer, Rosenzweig, Rude, Schultz and Weeden. Referred to Committee on Welfare Reform.

AB21,1,11 An Act to repeal 49.193 (2) (e); to amend 49.19 (11) (a) 1. a. (intro.), 49.193 (2) (a), 49.193 (8) (a) and 49.193 (8) (c); and to create 20.435 (4) (di), 46.251, 49.19 (11s), 49.193 (3m) and 49.193 (9m) of the statutes; relating to: requesting federal waivers under the aid to families with dependent children and job opportunities and basic skills programs; limiting increases in aid to families with dependent children for families that have certain additional children; job orientation and job search requirements, participation requirements and sanctions under the job opportunities and basic skills program; establishing a program for publication of delinquent child support obligors; providing exemptions from emergency rule-making procedures; granting rule-making authority; and making appropriations.

Analysis by the Legislative Reference Bureau

Under this bill, the department of health and social services (DHSS) is required to request the following 2 waivers from the secretary of the federal department of health and human services relating to the aid to families with dependent children (AFDC) and the job opportunities and basic skills (JOBS) programs:

1. The first waiver would permit DHSS to require AFDC applicants to provide verification of compliance with certain orientation and job search activities before providing aid under the AFDC program. Under the waiver, DHSS may require attendance at one or more orientation sessions during the 30-day period beginning on the date that the applicant applied for AFDC. In addition, DHSS may require participation in not more than 30 days of job search activities by an AFDC applicant who is subject to the JOBS program. Exceptions to the mandatory orientation and job search requirements may be made if a determination is made that the AFDC applicant would not benefit from the application of the requirement. In addition, DHSS may not require participation in orientation or job search activities for those AFDC recipients who are subject to school attendance requirements under the learnfare program if the orientation or job search activity would conflict with school attendance.

2. The 2nd waiver required under this bill would allow DHSS, in certain circumstances, to reduce the amount of an AFDC grant based on the level of participation in the JOBS program. The waiver would apply to AFDC recipients covered by the waiver if all of the following criteria are met: 1) the AFDC recipient is required to participate in a JOBS activity for a regularly scheduled number of hours in a month; 2) the activity is expected to continue for more than one month; and 3) the recipient does not participate in the activity for the required number of hours in that month without good cause, as defined by DHSS by rule. If these criteria are met, if the waiver applies to a recipient, for every hour that an AFDC recipient is required to participate in a JOBS activity and does not participate and does not have good cause for not participating, an amount equal to the federal minimum wage is subtracted from the AFDC grant for the recipient's family for a subsequent month. If the total number of hours of participation plus the number of hours for which a recipient had good cause for not participating is less than 25% of the recipient's participation requirement, no AFDC grant is made in a subsequent month for the recipient's family. DHSS may request that the waiver cover all AFDC recipients in the state or only certain test groups determined by DHSS. If the waiver is granted, the bill gives DHSS emergency rule-making authority to promulgate rules implementing the waiver. In addition to these waivers, the bill makes a change in the participation requirements under the JOBS program. Under the JOBS program, recipients of AFDC who are not exempt are required to participate in certain jobs-related activities. DHSS has received a waiver from the federal government to permit the state to require participation in the JOBS program from certain parents and other caretakers of children who would otherwise be exempt from participation under federal law and regulations. Current state law utilizes part of this waiver to require participation of parents and other caretakers of children who have attained 2 years of age. Current federal law now grants states the option of requiring parents and other caretakers of children who have attained one year of age to participate in the JOBS program. This bill repeals the current statutory language regarding the waiver and takes advantage of the federal law option to require JOBS participation of parents and other caretakers of children who have attained one year of age.

The bill also requires DHSS to conduct a demonstration project pursuant to a waiver that would permit DHSS to limit increases in an AFDC grant for certain families that have additional children. Under the demonstration project, DHSS may not consider, in determining the amount of the AFDC grant, a child born into a family more than 10 months after the date on which the family first was determined to be eligible for AFDC. The bill creates a number of exceptions to this provision. The bill exempts children who are conceived as a result of sexual assault or incest. It also exempts a child who is born into a family that did not receive AFDC benefits for 6 or more months, other than as a result of being sanctioned, and who is born during that time or not more than 10 months after the family resumed receiving AFDC benefits. The bill also exempts a child who does not reside with his or her biological parents. Under the bill, DHSS may award grants to counties to provide family planning education services to persons covered by the demonstration project. The demonstration project does not apply to persons who are subject to the parental responsibility pilot program. To the extent permitted under the waiver, DHSS may conduct the demonstration project with respect to all AFDC recipients or to a test group determined by DHSS. DHSS is given emergency rule-making authority to implement the waiver.

Under current law, DHSS administers the child and spousal support and establishment of paternity and medical liability support program. One of the responsibilities of DHSS under the program is to enforce support obligations owed to children by their parents. The bill requires DHSS to establish a program to increase public awareness about the importance of paying child support that includes publication of identifying information about child support obligors who have significant arrearages. DHSS may use posters or media presentations or other appropriate means to publish names and photographs of such obligors. One purpose of the program is to enlist public assistance in locating delinquent obligors.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB21, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB21, s. 2 Section 2. 20.435 (4) (di) of the statutes is created to read:

AB21,4,3 20.435 (4) (di) Family planning education grants. The amounts in the schedule for family planning education grants under s. 49.19 (11s) (d).

AB21, s. 3 Section 3. 46.251 of the statutes is created to read:

AB21,4,14 46.251 Program for publication of delinquent child support obligors. The department shall establish a program to increase public awareness about the importance of the payment of child support. The program shall include publication of information, such as names and photographs, that identifies child support obligors who are significantly delinquent in the payment of child support. The department may use posters, media presentations or other means that the department determines are appropriate for publication of the information. The publications shall include information about the child support owed by each obligor identified and, if appropriate, shall solicit information from the public to assist the department in locating a delinquent obligor.

AB21, s. 4 Section 4. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB21,5,2 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:

AB21, s. 5 Section 5. 49.19 (11s) of the statutes is created to read:

AB21,5,11 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 who are 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.

AB21,5,15 (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:

AB21,5,19 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.

AB21,5,24 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.

AB21,6,3 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.

AB21,6,4 4. The child does not reside with his or her biological mother or father.

AB21,6,6 5. The family or child meets the criteria for an exemption from the application of this paragraph under a rule promulgated by the department.

AB21,6,8 (c) The department shall inform all applicants for aid under this section of the limitation under par. (b) at the time of application.

AB21,6,11 (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 who are subject to par. (b).

AB21, s. 6 Section 6. 49.193 (2) (a) of the statutes is amended to read:

AB21,6,20 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.

AB21, s. 7 Section 7. 49.193 (2) (e) of the statutes is repealed.

AB21, s. 8 Section 8. 49.193 (3m) of the statutes is created to read:

AB21,7,5 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.

AB21,7,9 (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.

AB21,7,17 (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.

AB21,7,24 (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.

AB21,8,6 (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 rules establishing standards to be used by agencies administering the program under this section in making determinations under this paragraph.

AB21, s. 9 Section 9. 49.193 (8) (a) of the statutes is amended to read:

AB21,8,18 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).

AB21, s. 10 Section 10. 49.193 (8) (c) of the statutes is amended to read:

AB21,8,23 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). This paragraph does not apply to individuals who are participating in orientation and job search activities under sub. (3m).

AB21, s. 11 Section 11. 49.193 (9m) of the statutes is created to read:

AB21,9,8 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.

AB21,9,12 (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):

AB21,9,14 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.

AB21,9,16 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.

AB21,9,20 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.

AB21,9,23 (c) 1. Except as provided in subd. 2., 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:

AB21,9,25 a. 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.

AB21,10,5 b. The department shall subtract the total number of hours determined under subd. 1. a. from the recipient's total number of hours of required participation in that month.

AB21,10,7 c. The department shall multiply the number of hours determined under subd. 1. b. by the federal minimum hourly wage under 29 USC 206 (a) (1).

AB21,10,10 d. The department shall subtract the dollar amount determined under subd. 1. c. 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.

AB21,10,16 2. a. If there is only one individual included in a grant of aid under s. 49.19 who is required to participate in an activity under this section for a regularly scheduled number of hours in a month and if the total number of hours determined under subd. 1. a. for that individual is less than 25% of the total number of hours of required participation in that month for that individual, no grant of aid under s. 49.19 shall be made to the individual's family in a subsequent month.

AB21,10,22 b. If there is more than one individual included in a grant of aid under s. 49.19 who is required to participate in an activity under this section for a regularly scheduled number of hours in a month and if the total number of hours determined under subd. 1. a. for all of those individuals is less than 25% of the total number of hours of required participation in that month for all of those individuals, no grant of aid under s. 49.19 shall be made to the individuals' family in a subsequent month.

AB21, s. 12 Section 12. Nonstatutory provisions.

AB21,11,6 (1)  Benefit cap emergency rule-making authority. Using the procedure under section 227.24 of the statutes, the department of health and social services may promulgate the rules under section 49.19 (11s) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.19 (11s) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.

AB21,11,14 (2)  Self-sufficiency first emergency rule-making authority. Using the procedure under section 227.24 of the statutes, the department of health and social services may promulgate the rules under section 49.193 (3m) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.193 (3m) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.

AB21,11,22 (3)  Pay for performance emergency rule-making authority. Using the procedure under section 227.24 of the statutes, the department of health and social services may promulgate the rules under section 49.193 (9m) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.193 (9m), as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.

AB21,12,2 (4)  Benefit cap federal position authorizations. The authorized FTE positions for the department of health and social services are increased by 3.0 FED positions on October 1, 1995, to be funded from the appropriation under section 20.435 (4) (n) of the statutes for the purpose of implementing and administering the waiver under section 49.19 (11s) of the statutes.

AB21,12,7 (5)  Self-sufficiency first federal position authorizations. The authorized FTE positions for the department of health and social services are increased by 1.35 FED positions on October 1, 1995, to be funded from the appropriation under section 20.435 (4) (pm) of the statutes for the purpose of implementing and administering the waiver under section 49.193 (3m) of the statutes.

AB21,12,12 (6) Pay after performance federal position authorizations. The authorized FTE positions for the department of health and social services are increased by 1.35 FED positions on October 1, 1995, to be funded from the appropriation under section 20.435 (4) (pm) of the statutes for the purpose of implementing and administering the waiver under section 49.193 (9m) of the statutes.

AB21, s. 13 Section 13. Appropriation changes.

AB21,12,22 (1) Pay after performance general program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $569,000 for fiscal year 1995-96 and the dollar amount is increased by $7,900 for fiscal year 1996-97 to increase the authorized FTE positions for the department of health and social services on October 1, 1995, by 0.15 GPR positions and for general program operations relating to the pay after performance requirements under section 49.193 (9m) of the statutes, as created by this act.

AB21,13,4 (2)  Pay after performance welfare reform studies. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (br) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $15,600 for fiscal year 1995-96 and the dollar amount is increased by $31,200 for fiscal year 1996-97 for welfare reform studies relating to the pay after performance requirements under section 49.193 (9m) of the statutes, as created by this act.

AB21,13,11 (3)  Pay after performance county administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (de) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $160,000 for fiscal year 1995-96 and the dollar amount is increased by $240,000 for fiscal year 1996-97 for county administration of the pay after performance requirements under section 49.193 (9m) of the statutes, as created by this act.

AB21,13,18 (4)  Pay after performance employment and training program costs. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (df) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $600,000 for fiscal year 1995-96 and the dollar amount is increased by $900,000 for fiscal year 1996-97 for costs relating to the pay after performance requirements under section 49.193 (9m) of the statutes, as created by this act.

AB21,14,2 (5)  Self-sufficiency first general program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $219,100 for fiscal year 1995-96 and the dollar amount is increased by $7,900 for fiscal year 1996-97 to increase the authorized FTE positions for the department of health and social services on October 1, 1995, by 0.15 GPR positions and for general program operations relating to the orientation and job search requirements under section 49.193 (3m) of the statutes, as created by this act.

AB21,14,9 (6) Self-sufficiency first welfare reform studies. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (br) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $15,600 for fiscal year 1995-96 and the dollar amount is increased by $31,200 for fiscal year 1996-97 for welfare reform studies relating to the orientation and job search requirements under section 49.193 (3m) of the statutes, as created by this act.

AB21,14,16 (7)  Self-sufficiency first county administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (de) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $80,000 for fiscal year 1995-96 and the dollar amount is increased by $120,000 for fiscal year 1996-97 for county administration of orientation and job search requirements under section 49.193 (3m) of the statutes, as created by this act.

AB21,14,23 (8) Self-sufficiency first employment and training program costs. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (df) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $927,400 for fiscal year 1995-96 and the dollar amount is increased by $1,648,200 for fiscal year 1996-97 for costs relating to the orientation and job search requirements under section 49.193 (3m) of the statutes, as created by this act.

AB21,15,7 (9)  Benefit cap general program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $288,500 for fiscal year 1995-96 and the dollar amount is increased by $182,900 for fiscal year 1996-97 to increase the authorized FTE positions for the department of health and social services on October 1, 1995, by 3.0 GPR positions and for general program operations relating to the limitations on aid to families with dependent children benefits under section 49.19 (11s) of the statutes, as created by this act.

AB21,15,14 (10) Benefit cap welfare reform studies. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (br) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $31,300 for fiscal year 1995-96 and the dollar amount is increased by $62,500 for fiscal year 1996-97 for welfare reform studies relating to the limitations on aid to families with dependent children benefits under section 49.19 (11s) of the statutes, as created by this act.

AB21,15,21 (11) Benefit cap county administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (de) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $281,900 for fiscal year 1995-96 and the dollar amount is increased by $563,900 for fiscal year 1996-97 for county administration of the limitations on aid to families with dependent children benefits under section 49.19 (11s) of the statutes, as created by this act.