AB576: Bill Text

AB576, s. 2 Section 2. 20.435 (7) (ee) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB576,4,3 20.435 (7) (ee) Temporary assistance to supplemental security income applicants. A sum sufficient to make payments under s. 49.176 49.78 (5) to counties and tribal governing bodies.

AB576, s. 3 Section 3. 46.208 of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB576,4,10 46.208 Relief block grants; functions of state department. (1) All records of the county or tribal governing body relating to the administration of relief that is funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB576,4,19 (2m) The department may at any time audit all records of the county relating to the administration of relief funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22 or 46.23. The department shall furnish a copy of the county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22 or 46.23.

AB576, s. 4 Section 4. 46.208 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,5,2 46.208 Relief block grants; functions of state department. (1) All records of the county or tribal governing body relating to the administration of relief that is funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 49.78 shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB576,5,11 (2m) The department may at any time audit all records of the county relating to the administration of relief funded by a relief block grant under ch. 49 or temporary assistance under s. 49.176 49.78 and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22 or 46.23. The department shall furnish a copy of the county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22 or 46.23.

AB576, s. 5 Section 5. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB576,5,19 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19, temporary assistance under s. 49.176 or supplemental security income under 42 USC 1381 to 1383c or in which aid to families with dependent children, temporary assistance or supplemental security income benefits are immediately available to the individual.

AB576, s. 6 Section 6. 49.015 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,6,2 49.015 (2) Recipients of other aid. Except as provided in sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under s. 49.19, temporary assistance under s. 49.176 49.78 or supplemental security income under 42 USC 1381 to 1383c or in which aid to families with dependent children, temporary assistance or supplemental security income benefits are immediately available to the individual.

AB576, s. 7 Section 7. 49.032 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2717b, is amended to read:

AB576,6,13 49.032 (1) (a) Unless a county makes an election not to provide nonmedical benefits under sub. (2) (a), the general relief agency in that county shall make a benefit payment at least monthly in accordance with written criteria determined by the general relief agency. The written criteria may include eligibility criteria that limit payments to a specific class or classes of dependent persons. Depending on the type and amount of the eligible dependent person's income or resources, if any, or number of days or type of need during a month, the benefit payments under this section may be adjusted in accordance with written criteria established by the general relief agency.

AB576, s. 8 Section 8. 49.032 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB576, s. 9 Section 9. 49.176 of the statutes is created to read:

AB576,6,20 49.176 Temporary assistance to supplemental security income applicants. (1) Definitions. In this section, "supplemental security income program" means the federal supplemental security income program under 42 USC 1381 to 1383d.

AB576,6,22 (2) County eligibility. A county or tribal governing body is eligible for reimbursement under sub. (5) if all of the following conditions are met:

AB576,6,24 (a) The county board or tribal governing body adopts a resolution authorizing participation in the temporary assistance program under this section.

AB576,7,3 (b) The county or tribal governing body submits to the department a plan for providing benefits under this section in a year. The plan shall include all of the following:

AB576,7,5 1. The benefit schedule that the county or tribal governing body has established under sub. (4).

AB576,7,7 2. How the county or tribal governing body intends to recover amounts under repayment agreements under sub. (3) (d).

AB576,7,8 3. Other information required by the department by rule.

AB576,7,11 (c) The department has approved the plan under par. (b). The department shall approve or disapprove the plan within a reasonable period of time after the plan is submitted.

AB576,7,14 (d) The county or tribal governing body operates the program under this section in conformity with the plan submitted under par. (b), as may be amended from time to time by the county or tribal governing body, with the approval of the department.

AB576,7,16 (3) Individual eligibility criteria. An individual is eligible for temporary assistance under this section if the individual meets all of the following conditions:

AB576,7,18 (a) The individual resides in a county or on tax-free land that is eligible, under sub. (2), to receive reimbursement under sub. (5).

AB576,7,20 (b) The individual meets the state residency requirements under s. 49.015 (1m) for relief funded by a relief block grant under s. 49.025, 49.027 or 49.029.

AB576,7,22 (c) The individual has applied for benefits under the supplemental security income program, but has not yet begun to receive benefits under that program.

AB576,8,2 (d) The individual agrees to repay the county or tribal governing body for the benefits provided under this section from any supplemental security income benefits received by the individual. The department shall promulgate rules regarding the form of repayment agreements under this section.

AB576,8,6 (e) The individual agrees to provide the county or tribal governing body with any information necessary for the county or tribal governing body to obtain repayment under par. (d) or to determine continued eligibility for, or the amount of, benefits under this section.

AB576,8,10 (f) The county or tribal governing body determines that the individual is likely to be eligible for benefits under the supplemental security income program. The department shall promulgate rules establishing standards to be used by a county or tribal governing body in making a determination under this paragraph.

AB576,8,19 (4) Benefits. A county or tribal governing body may establish a schedule of monthly benefits to be paid to individuals eligible under sub. (3). The amount of the monthly benefit for any class of applicants may not exceed the county or tribal governing body's estimate of the average monthly supplemental security income benefit for that class of applicants, if all individuals in that class were found to be eligible for benefits under the supplemental security income program. The department shall promulgate rules establishing standards to be used by counties or tribal governing bodies that elect to provide benefits under this subsection in estimating monthly supplemental security income benefits.

AB576,8,25 (5) Reimbursement. (a) Amount of reimbursement. If a county or tribal governing body is eligible to receive reimbursement under this section, the department shall pay, from the appropriation under s. 20.435 (7) (ee) and as partial reimbursement to the county or tribal governing body for expenses in providing benefits under a program under this section in a particular year, an amount determined as follows:

AB576,9,4 1. The department shall subtract the amount that the county or tribal governing body has recovered under sub. (6) or under repayment agreements under sub. (3) (d) in that year from the county's or the tribal governing body's cost of providing benefits under this section in that year.

AB576,9,6 2. The department shall multiply the amount determined under subd. 1. by 85%.

AB576,9,13 (b) Filing requirements. Each county or tribal governing body that is eligible for reimbursement under this subsection shall prepare an annual report, prepared in accordance with rules promulgated by the department, detailing the amount that it has recovered under repayment agreements under sub. (3) (d) in that year and the cost of benefits provided under this section in that year. The report shall be filed with the department no later than March 1 of the year immediately following the year for which the reimbursement is claimed.

AB576,9,19 (c) Deadline for payment of reimbursement. The department shall provide the reimbursement under par. (a) to each eligible county or tribal governing body no later than July 31 of the year immediately following the year for which reimbursement is claimed or within 30 days after the effective date of the act that provides funding for that year for the appropriation from which the reimbursement is paid, whichever is later.

AB576,9,22 (6) Recovery. The county or tribal governing body shall seek to recover any benefits incorrectly paid under this section as a result of fraud on the part of the recipient.

AB576,9,24 (7) Disclosure of information to law enforcement. (a) A county or tribal governing body shall, upon request, provide all of the following information concerning each person receiving temporary assistance during that month to a law enforcement officer for use under par. (b):

AB576,10,3 1. Name, including middle initial, address, date of birth and gender.

AB576,10,4 2. Temporary assistance case number.

AB576,10,7 (b) 1. A law enforcement officer may review information provided under par. (a) to determine whether an outstanding warrant has been issued for the arrest of a recipient of temporary assistance.

AB576,10,11 2. If a law enforcement officer believes, on reasonable grounds, that an outstanding warrant has been issued for the arrest of a temporary assistance recipient, the law enforcement officer may request that a law enforcement officer be notified when the recipient appears to obtain his or her check.

AB576,10,14 3. At the request of a law enforcement officer under subd. 2., a county employe who disburses temporary assistance checks may notify a law enforcement officer when the recipient appears to obtain a temporary assistance check.

AB576,10,23 (8) Waiver. The department of health and social services shall seek a waiver from the federal department of health and human services to allow the department of health and social services to share, with counties and tribal governing bodies receiving reimbursement under sub. (5), information that the department of health and social services possesses regarding the eligibility of persons receiving benefits under this section for supplemental security income benefits. If the waiver is granted and in effect, the department of health and social services shall implement a system to share this information with counties and tribal governing bodies to prevent benefits under this section from being paid to individuals who are not eligible.

AB576, s. 10 Section 10. 49.176 of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.78.

AB576, s. 11 Section 11 . 49.19 (3) (a) of the statutes is amended to read:

AB576,11,8 49.19 (3) (a) After the investigation and report and a finding of eligibility, aid as defined in sub. (1) shall be granted by the county department under s. 46.215 or 46.22 as the best interest of the child requires. No such aid shall be furnished any person for any period during which that person is receiving supplemental security income or temporary assistance under s. 49.176 or for any month if, on the last day of the month, that person is participating in a strike or to any person who fails to apply for or provide such social security account numbers as required by federal law.

AB576, s. 12 Section 12 . 49.19 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB576,11,18 49.19 (3) (a) After the investigation and report and a finding of eligibility, aid as defined in sub. (1) shall be granted by the county department under s. 46.215 or 46.22 as the best interest of the child requires. No such aid shall be furnished any person for any period during which that person is receiving supplemental security income or temporary assistance under s. 49.176 49.78 or for any month if, on the last day of the month, that person is participating in a strike or to any person who fails to apply for or provide such social security account numbers as required by federal law.

AB576, s. 13 Section 13. 49.41 of the statutes is amended to read:

AB576,11,25 49.41 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154), temporary assistance benefits under s. 49.176 and benefits under ss. 49.032, 49.046 and s. 49.177 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

AB576, s. 14 Section 14. 49.41 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.96 and amended to read:

AB576,12,8 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154), temporary assistance benefits under s. 49.176 49.78 and benefits under and s. 49.177 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

AB576, s. 15 Section 15. 49.53 (1m) of the statutes is amended to read:

AB576,12,18 49.53 (1m) Except as provided under sub. (2), or (3) or (4), no person may use or disclose information concerning applicants and recipients of general relief under s. 49.02 funded by a relief block grant, temporary assistance under s. 49.176, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB576, s. 16 Section 16. 49.53 (1m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.83 and amended to read:

AB576,13,4 49.83 Except as provided under sub. (2) or (3) s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, temporary assistance under s. 49.176 49.78, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB576, s. 17 Section 17 . 812.30 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB576,13,11 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical assistance, temporary assistance under s. 49.176, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB576, s. 18 Section 18 . 812.30 (9) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,13,18 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical assistance, temporary assistance under s. 49.176 49.78, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB576, s. 19 Section 19 . 812.44 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB576,13,22 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35 (4) shall be in substantially the following form:

AB576,13,23 STATE OF WISCONSIN

AB576,13,24 CIRCUIT COURT:.... County

AB576,14,2 A.B., Creditor

AB576,14,3 vs. File or Reference Number....

AB576,14,4 C.D., Debtor EXEMPTION NOTICE

AB576,14,5 and EARNINGS GARNISHMENT

AB576,14,6 E.F., Garnishee

AB576,14,8 To the debtor:

AB576,14,13 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., 19.. That judgment not having been fully paid, the creditor has now filed a garnishment proceeding against your earnings from the garnishee. This means that the creditor is seeking to take some of your earnings to satisfy part or all of the judgment against you or your spouse.

AB576,14,14 The total amount of the creditor's claim is as follows:

AB576,14,15 Unpaid balance on judgment $....

AB576,14,16 Unpaid postjudgment interest $....

AB576,14,17 Costs:

AB576,14,18 a. Garnishment filing fee $....

AB576,14,19 b. Garnishee fee $....

AB576,14,20 c. Service of process (estimate) $....

AB576,14,21 TOTAL $....

AB576,14,24 By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.

AB576,14,25 Your earnings are completely exempt from garnishment if:

AB576,15,3 1. Your household income is below the federal poverty level, or this garnishment would cause that to happen. See the enclosed schedules and worksheet to determine if you qualify for this exemption.

AB576,15,9 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, temporary assistance under section 49.176 of the Wisconsin Statutes, supplemental security income, food stamps, or veterans benefits based on need under USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB576,15,11 3. At least 25% of your disposable earnings are assigned by court order for support.