LRB-2000/5
KSH&PJK:jrd:ch
1995 - 1996 LEGISLATURE
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
1An Act to repeal 49.193 (2) (e);
to amend 49.19 (11) (a) 1. a. (intro.), 49.193 (2)
2(a), 49.193 (8) (a) and 49.193 (8) (c); and
to create 20.435 (4) (di), 46.251, 49.19
3(11s), 49.193 (3m) and 49.193 (9m) of the statutes;
relating to: requesting
4federal waivers under the aid to families with dependent children and job
5opportunities and basic skills programs; limiting increases in aid to families
6with dependent children for families that have certain additional children; job
7orientation and job search requirements, participation requirements and
8sanctions under the job opportunities and basic skills program; establishing a
9program for publication of delinquent child support obligors; providing
10exemptions from emergency rule-making procedures; granting rule-making
11authority; 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
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB21, s. 2
1Section
2. 20.435 (4) (di) of the statutes is created to read:
AB21,4,32
20.435
(4) (di)
Family planning education grants. The amounts in the schedule
3for family planning education grants under s. 49.19 (11s) (d).
AB21, s. 3
4Section
3. 46.251 of the statutes is created to read:
AB21,4,14
546.251 Program for publication of delinquent child support obligors.
6The department shall establish a program to increase public awareness about the
7importance of the payment of child support. The program shall include publication
8of information, such as names and photographs, that identifies child support obligors
9who are significantly delinquent in the payment of child support. The department
10may use posters, media presentations or other means that the department
11determines are appropriate for publication of the information. The publications
12shall include information about the child support owed by each obligor identified
13and, if appropriate, shall solicit information from the public to assist the department
14in locating a delinquent obligor.
AB21, s. 4
15Section
4. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:
AB21,5,216
49.19
(11) (a) 1. a. (intro.) Except as provided in
sub. subs. (11m)
and (11s),
17monthly payments made under s. 20.435 (4) (d) and (p) to persons or to families with
18dependent children shall be based on family size and shall be at 80% of the total of
1the allowances under subds. 2. and 4. plus the following standards of assistance
2beginning on September 1, 1987:
AB21, s. 5
3Section
5. 49.19 (11s) of the statutes is created to read:
AB21,5,114
49.19
(11s) (a) The department shall conduct a demonstration project under
5this subsection pursuant to a waiver from the secretary of the federal department
6of health and human services beginning on January 1, 1996. To the extent permitted
7in the waiver, the department may apply pars. (b) to (d) to all recipients of aid under
8this section or to a test group of recipients of aid under this section determined by
9the department. Paragraphs (b) to (d) do not apply to persons who are subject to s.
1049.25 and shall apply only while a waiver under this paragraph is in effect and only
11with respect to recipients covered by the waiver.
AB21,5,1512
(b) In determining the payment amount under sub. (11) (a), a child born into
13a family more than 10 months after the date that the family was first determined to
14be eligible for assistance under this section shall not be considered in determining
15family size unless at least one of the following conditions is met:
AB21,5,1916
1. The family did not receive benefits under this section for a period of at least
176 months, other than as a result of sanctions, and the child was born during that
18period or not more than 10 months after the family resumed receiving benefits under
19this section after that period.
AB21,5,2420
2. The child was conceived as a result of a sexual assault in violation of s.
21940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement
22to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that
23incest or sexual assault has been reported to a physician and to law enforcement
24authorities.
AB21,6,3
13. The child's mother is a dependent child at the time of the child's birth and
2the child is born as a result of the mother's first pregnancy that resulted in a live
3birth.
AB21,6,44
4. The child does not reside with his or her biological mother or father.
AB21,6,65
5. The family or child meets the criteria for an exemption from the application
6of this paragraph under a rule promulgated by the department.
AB21,6,87
(c) The department shall inform all applicants for aid under this section of the
8limitation under par. (b) at the time of application.
AB21,6,119
(d) From the appropriation under s. 20.435 (4) (di), the department may award
10grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family
11planning education services to persons who are subject to par. (b).
AB21, s. 6
12Section
6. 49.193 (2) (a) of the statutes is amended to read:
AB21,6,2013
49.193
(2) (a) The department shall ensure that all persons required under
42
14USC 602 (a) (19) and
42 USC 681 to
687 to participate in a job opportunities and basic
15skills training program participate in the program under this section.
In addition,
16the department shall require a parent or other caretaker relative of a child who is
17at least one year of age to participate in the program under this section on a full-time
18basis, unless the parent or other caretaker relative is exempt from participation in
19the program for a reason other than being a parent or other caretaker of a child under
203 years of age.
AB21, s. 7
21Section
7. 49.193 (2) (e) of the statutes is repealed.
AB21, s. 8
22Section
8. 49.193 (3m) of the statutes is created to read:
AB21,7,523
49.193
(3m) Orientation and job search requirement. (a) The department
24shall request a waiver from the secretary of the federal department of health and
25human services to permit the application of pars. (b) to (e) beginning on the date
1specified in the waiver. The waiver may not request the application of pars. (b) to (e)
2before January 1, 1996. The waiver may request permission to apply pars. (b) to (e)
3to all applicants for aid under s. 49.19 or to a test group of these applicants
4determined by the department. Paragraphs (b) to (e) apply only while a waiver under
5this paragraph is in effect and only with respect to applicants covered by the waiver.
AB21,7,96
(b) The department may not provide aid under s. 49.19 to any applicant who
7is subject to the requirements under par. (c) or (d) and who is not exempt under par.
8(e), until the applicant has provided verification, in a form to be specified by the
9department by rule, that he or she has complied with these requirements.
AB21,7,1710
(c) The department may require any adult applicant for aid under s. 49.19 to
11attend one or more orientation sessions offered during the 30-day period beginning
12on the date that the caretaker relative applies for aid under s. 49.19. Orientation
13sessions offered under this paragraph shall emphasize self-sufficiency and shall
14encourage applicants to consider alternatives to aid under s. 49.19. The department
15may not require an applicant for aid who would be subject to the school attendance
16requirement under s. 49.50 (7) (g) to attend an orientation session under this
17paragraph at a time that would conflict with school attendance.
AB21,7,2418
(d) The department may require any adult applicant for aid under s. 49.19 who
19is required to participate in the program under this section to participate in job
20search activities under this paragraph. The department may require participation
21in not more than 30 days of job search activities under this paragraph. The
22department may not require an applicant for aid who would be subject to the school
23attendance requirement under s. 49.50 (7) (g) to participate in any job search activity
24under this paragraph at a time that would conflict with school attendance.
AB21,8,6
1(e) The agency administering the program under this section may exempt an
2applicant for aid under s. 49.19 from any requirement under pars. (c) and (d) if the
3agency determines that the applicant would not benefit from complying with the
4requirement. The department shall promulgate rules establishing standards to be
5used by agencies administering the program under this section in making
6determinations under this paragraph.
AB21, s. 9
7Section
9. 49.193 (8) (a) of the statutes is amended to read:
AB21,8,188
49.193
(8) (a) The department shall pay child care costs of persons with
9approved employability plans who are participating in the program under this
10section
and of persons who are participating in orientation and job search activities
11required under sub. (3m). Payment or reimbursement shall be in an amount based
12on need, with the maximum amount per child equal to the lesser of the actual cost
13of care or the rate established under s. 46.98 (4) (d), or, if a higher rate is established
14under s. 46.98 (4) (e) and if the child care meets the quality standards established
15under s. 46.98 (4) (e), payment or reimbursement for child care that meets those
16standards shall be in an amount based on need, with the maximum amount per child
17equal to the lesser of the actual cost of the care or the rate established under s. 46.98
18(4) (e).
AB21, s. 10
19Section
10. 49.193 (8) (c) of the statutes is amended to read:
AB21,8,2320
49.193
(8) (c) The department may only pay child care costs under this
21subsection if the child care is provided by a child care provider, as defined in s. 49.50
22(1).
This paragraph does not apply to individuals who are participating in
23orientation and job search activities under sub. (3m).
AB21, s. 11
24Section
11. 49.193 (9m) of the statutes is created to read:
AB21,9,8
149.193
(9m) Sanctions. (a) The department shall request a waiver from the
2federal department of health and human services to permit the application of pars.
3(b) and (c) beginning on the date specified in the waiver. The waiver may not request
4the application of pars. (b) and (c) before January 1, 1996. The waiver may request
5permission to apply pars. (b) and (c) to all recipients of aid under s. 49.19, or to a test
6group of these recipients, to be determined by the department. Paragraphs (b) and
7(c) apply only while a waiver under this paragraph is in effect and only with respect
8to recipients covered by the waiver.
AB21,9,129
(b) Notwithstanding s. 49.19 (11) (a), if all of the following conditions apply in
10a month to a recipient of aid under s. 49.19, the department shall determine the
11amount of aid under s. 49.19 to be paid to the recipient's family in a subsequent
12month as provided in par. (c):
AB21,9,1413
1. The recipient of aid is required to participate in an activity under this section
14for a regularly scheduled number of hours in the month.
AB21,9,1615
2. The recipient of aid participates in the activity in the month for less than the
16required number of hours without good cause, as defined by the department by rule.
AB21,9,2017
3. The agency administering the program under this section determines, in
18accordance with standards established by the department by rule, that the activity
19that the recipient is engaged in during the month has continued, or is expected to
20continue, for more than one month.
AB21,9,2321
(c) 1. Except as provided in subd. 2., if par. (b) applies, the amount of aid under
22s. 49.19 paid to the recipient's family in a subsequent month shall be determined as
23follows:
AB21,9,2524
a. The department shall add the recipient's total number of hours of actual
25participation in the month to the total number of hours in a month for which the
1recipient had good cause, as defined by the department by rule, for not participating
2in required activities.
AB21,10,53
b. The department shall subtract the total number of hours determined under
4subd. 1. a. from the recipient's total number of hours of required participation in that
5month.
AB21,10,76
c. The department shall multiply the number of hours determined under subd.
71. b. by the federal minimum hourly wage under
29 USC 206 (a) (1).
AB21,10,108
d. The department shall subtract the dollar amount determined under subd.
91. c. from the amount of aid under s. 49.19 that the recipient's family would have
10received if he or she had participated for the total number of assigned hours.
AB21,10,1611
2. a. If there is only one individual included in a grant of aid under s. 49.19 who
12is required to participate in an activity under this section for a regularly scheduled
13number of hours in a month and if the total number of hours determined under subd.
141. a. for that individual is less than 25% of the total number of hours of required
15participation in that month for that individual, no grant of aid under s. 49.19 shall
16be made to the individual's family in a subsequent month.
AB21,10,2217
b. If there is more than one individual included in a grant of aid under s. 49.19
18who is required to participate in an activity under this section for a regularly
19scheduled number of hours in a month and if the total number of hours determined
20under subd. 1. a. for all of those individuals is less than 25% of the total number of
21hours of required participation in that month for all of those individuals, no grant
22of aid under s. 49.19 shall be made to the individuals' family in a subsequent month.
AB21,11,6
24(1)
Benefit cap emergency rule-making authority. Using the procedure
25under section 227.24 of the statutes, the department of health and social services
1may promulgate the rules under section 49.19 (11s) of the statutes, as created by this
2act, for the period before the effective date of the permanent rules promulgated under
3section 49.19 (11s) of the statutes, as created by this act, but not to exceed the period
4authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
5section 227.24 (1) and (3) of the statutes, the department is not required to make a
6finding of emergency.
AB21,11,14
7(2)
Self-sufficiency first emergency rule-making authority. Using the
8procedure under section 227.24 of the statutes, the department of health and social
9services may promulgate the rules under section 49.193 (3m) of the statutes, as
10created by this act, for the period before the effective date of the permanent rules
11promulgated under section 49.193 (3m) of the statutes, as created by this act, but not
12to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
13Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not
14required to make a finding of emergency.
AB21,11,22
15(3)
Pay for performance emergency rule-making authority. Using the
16procedure under section 227.24 of the statutes, the department of health and social
17services may promulgate the rules under section 49.193 (9m) of the statutes, as
18created by this act, for the period before the effective date of the permanent rules
19promulgated under section 49.193 (9m), as created by this act, but not to exceed the
20period authorized under section 227.24 (1) (c) and (2) of the statutes.
21Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not
22required to make a finding of emergency.
AB21,12,2
23(4)
Benefit cap federal position authorizations. The authorized FTE
24positions for the department of health and social services are increased by 3.0 FED
25positions on October 1, 1995, to be funded from the appropriation under section
120.435 (4) (n) of the statutes for the purpose of implementing and administering the
2waiver under section 49.19 (11s) of the statutes.
AB21,12,7
3(5)
Self-sufficiency first federal position authorizations. The authorized
4FTE positions for the department of health and social services are increased by 1.35
5FED positions on October 1, 1995, to be funded from the appropriation under section
620.435 (4) (pm) of the statutes for the purpose of implementing and administering
7the waiver under section 49.193 (3m) of the statutes.
AB21,12,12
8(6)
Pay after performance federal position authorizations. The authorized
9FTE positions for the department of health and social services are increased by 1.35
10FED positions on October 1, 1995, to be funded from the appropriation under section
1120.435 (4) (pm) of the statutes for the purpose of implementing and administering
12the waiver under section 49.193 (9m) of the statutes.
AB21,12,22
14(1)
Pay after performance general program operations. In the schedule
15under section 20.005 (3) of the statutes for the appropriation to the department of
16health and social services under section 20.435 (4) (a) of the statutes, as affected by
17the acts of 1995, the dollar amount is increased by $569,000 for fiscal year 1995-96
18and the dollar amount is increased by $7,900 for fiscal year 1996-97 to increase the
19authorized FTE positions for the department of health and social services on October
201, 1995, by 0.15 GPR positions and for general program operations relating to the
21pay after performance requirements under section 49.193 (9m) of the statutes, as
22created by this act.
AB21,13,4
23(2)
Pay after performance welfare reform studies. In the schedule under
24section 20.005 (3) of the statutes for the appropriation to the department of health
25and social services under section 20.435 (4) (br) of the statutes, as affected by the acts
1of 1995, the dollar amount is increased by $15,600 for fiscal year 1995-96 and the
2dollar amount is increased by $31,200 for fiscal year 1996-97 for welfare reform
3studies relating to the pay after performance requirements under section 49.193
4(9m) of the statutes, as created by this act.
AB21,13,11
5(3)
Pay after performance county administration. In the schedule under
6section 20.005 (3) of the statutes for the appropriation to the department of health
7and social services under section 20.435 (4) (de) of the statutes, as affected by the acts
8of 1995, the dollar amount is increased by $160,000 for fiscal year 1995-96 and the
9dollar amount is increased by $240,000 for fiscal year 1996-97 for county
10administration of the pay after performance requirements under section 49.193 (9m)
11of the statutes, as created by this act.
AB21,13,18
12(4)
Pay after performance employment and training program costs. In the
13schedule under section 20.005 (3) of the statutes for the appropriation to the
14department of health and social services under section 20.435 (4) (df) of the statutes,
15as affected by the acts of 1995, the dollar amount is increased by $600,000 for fiscal
16year 1995-96 and the dollar amount is increased by $900,000 for fiscal year 1996-97
17for costs relating to the pay after performance requirements under section 49.193
18(9m) of the statutes, as created by this act.
AB21,14,2
19(5)
Self-sufficiency first general program operations. In the schedule
20under section 20.005 (3) of the statutes for the appropriation to the department of
21health and social services under section 20.435 (4) (a) of the statutes, as affected by
22the acts of 1995, the dollar amount is increased by $219,100 for fiscal year 1995-96
23and the dollar amount is increased by $7,900 for fiscal year 1996-97 to increase the
24authorized FTE positions for the department of health and social services on October
251, 1995, by 0.15 GPR positions and for general program operations relating to the
1orientation and job search requirements under section 49.193 (3m) of the statutes,
2as created by this act.
AB21,14,9
3(6)
Self-sufficiency first welfare reform studies. In the schedule under
4section 20.005 (3) of the statutes for the appropriation to the department of health
5and social services under section 20.435 (4) (br) of the statutes, as affected by the acts
6of 1995, the dollar amount is increased by $15,600 for fiscal year 1995-96 and the
7dollar amount is increased by $31,200 for fiscal year 1996-97 for welfare reform
8studies relating to the orientation and job search requirements under section 49.193
9(3m) of the statutes, as created by this act.
AB21,14,16
10(7)
Self-sufficiency first county administration. In the schedule under
11section 20.005 (3) of the statutes for the appropriation to the department of health
12and social services under section 20.435 (4) (de) of the statutes, as affected by the acts
13of 1995, the dollar amount is increased by $80,000 for fiscal year 1995-96 and the
14dollar amount is increased by $120,000 for fiscal year 1996-97 for county
15administration of orientation and job search requirements under section 49.193 (3m)
16of the statutes, as created by this act.