SB359, s. 107
8Section
107. 49.193 (12) of the statutes is created to read:
SB359,74,149
49.193
(12) Sunset. Beginning on January 1, 1999, or beginning on the first
10day of the 6th month beginning after the date stated in the notice under s. 49.141 (2)
11(d), whichever is sooner, no person is eligible to receive benefits under this section
12and no aid may be granted under this section. No additional notice, other than
13enactment of this subsection, is required to be given to recipients of aid under this
14section to terminate their benefits under this subsection.
SB359, s. 108
15Section
108. 49.195 (title) of the statutes is amended to read:
SB359,74,17
1649.195 (title)
Recovery of aid to families with dependent children and
17Wisconsin works benefits.
SB359, s. 109
18Section
109. 49.195 (1) of the statutes is amended to read:
SB359,75,2419
49.195
(1) If any parent at the time of receiving aid under s. 49.19
or a benefit
20under s. 49.148 (1) (b) or (c), 49.153, 49.155 or 49.157 or at any time thereafter
21acquires property by gift, inheritance, sale of assets, court judgment or settlement
22of any damage claim, or by winning a lottery or prize, the county granting such aid
,
23or the Wisconsin works agency granting such a benefit, may sue the parent on behalf
24of the department to recover the value of that portion of the aid
or of the benefit which
25does not exceed the amount of the property so acquired. The value of
the aid
or
1benefit liable for recovery under this section may not include the value of work
2performed by a member of the family in a community work experience program
3under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d),
41991 stats.,
or in a community work experience component under s. 49.193 (6)
, in a
5community service job under s. 49.147 (4) or in a transitional placement under s.
649.147 (5). During the life of the parent, the 10-year statute of limitations may be
7pleaded in defense against any suit for recovery under this section; and if such
8property is his or her homestead it shall be exempt from execution on the judgment
9of recovery until his or her death or sale of the property, whichever occurs first.
10Notwithstanding the foregoing restrictions and limitations, where the aid
or benefit 11recipient is deceased a claim may be filed against any property in his or her estate
12and the statute of limitations specified in s. 859.02 shall be exclusively applicable.
13The court may refuse to render judgment or allow the claim in any case where a
14parent, spouse or child is dependent on the property for support, and the court in
15rendering judgment shall take into account the current family budget requirement
16as fixed by the U.S. department of labor for the community or as fixed by the
17authorities of the community in charge of public assistance. The records of aid
or
18benefits paid kept by the county
or, by the department
or by the Wisconsin works
19agency are prima facie evidence of the value of the aid
or benefits furnished. Liability
20under this section shall extend to any parent or stepparent whose family receives aid
21under s. 49.19
or benefits under s. 49.147 (4) or (5), 49.155 or 49.157 during the period
22that he or she is a member of the same household, but his or her liability is limited
23to such period. This section does not apply to medical and health assistance
24payments for which recovery is prohibited or restricted by federal law or regulation.
SB359,76,63
49.195
(3) Notwithstanding s. 49.96, the department shall promptly recover all
4overpayments made under s. 49.19
or 49.148 (1) (b) or (c), 49.153, 49.155 or 49.157 5and shall promulgate rules establishing policies and procedures to administer this
6subsection.
SB359, s. 111
7Section
111. 49.197 (1m) of the statutes is amended to read:
SB359,76,188
49.197
(1m) Fraud investigation. From the appropriations under s. 20.435 (4)
9(de) (dz), (L), (n) and (nL), the department shall establish a program to investigate
10suspected fraudulent activity on the part of recipients of medical assistance under
11ss. 49.46 to 49.47, aid to families with dependent children under s. 49.19 and the food
12stamp program under
7 USC 2011 to
2029. The department's activities under this
13subsection may include, but are not limited to, comparisons of information provided
14to the department by an applicant and information provided by the applicant to other
15federal, state and local agencies, development of an advisory welfare investigation
16prosecution standard and provision of funds to county departments under s. 46.215,
1746.22 and 46.23 to encourage activities to detect fraud. The department shall
18cooperate with district attorneys regarding fraud prosecutions.
SB359, s. 112
19Section
112. 49.197 (1m) of the statutes, as affected by 1995 Wisconsin Acts
2027 and .... (this act), is repealed and recreated to read:
SB359,77,721
49.197
(1m) Fraud investigation. From the appropriations under s. 20.445 (3)
22(dz), (L), (n) and (nL), the department shall establish a program to investigate
23suspected fraudulent activity on the part of recipients of medical assistance under
24subch. IV, aid to families with dependent children under s. 49.19 and the food stamp
25program under
7 USC 2011 to
2029 and participants in Wisconsin works under ss.
149.141 to 49.161. The department's activities under this subsection may include, but
2are not limited to, comparisons of information provided to the department by an
3applicant and information provided by the applicant to other federal, state and local
4agencies, development of an advisory welfare investigation prosecution standard
5and provision of funds to county departments under s. 46.215, 46.22 and 46.23 and
6to Wisconsin works agencies to encourage activities to detect fraud. The department
7shall cooperate with district attorneys regarding fraud prosecutions.
SB359,77,1410
49.197
(3) State error reduction activities. The department shall conduct
11activities to reduce payment errors in medical assistance under subch. IV,
Wisconsin
12works under ss. 49.141 to 49.161, aid to families with dependent children under s.
1349.19 and the food stamp program under
7 USC 2011 to
2029. The department shall
14fund the activities under this section from the appropriation under s. 20.445 (4) (L).
SB359, s. 114
15Section
114. 49.197 (4) of the statutes is amended to read:
SB359,77,2216
49.197
(4) County and tribal error reduction. The department shall provide
17funds from the appropriations under s. 20.435 (4)
(de)
(dz), (L) and (Lm) and federal
18matching funds from the appropriations under s. 20.435 (4) (n) and (nL) to counties
19and governing bodies of federally recognized American Indian tribes administering
20medical assistance under ss. 49.43 to 49.47, aid to families with dependent children
21under s. 49.19 or the food stamp program under
7 USC 2011 to
2029 to offset
22administrative costs of reducing payment errors in those programs.
SB359, s. 115
23Section
115. 49.197 (4) of the statutes, as affected by 1995 Wisconsin Acts 27
24and .... (this act), is repealed and recreated to read:
SB359,78,8
149.197
(4) Error reduction. The department shall provide funds from the
2appropriations under s. 20.445 (3) (dz), (L) and (Lm) and federal matching funds from
3the appropriations under s. 20.445 (3) (n) and (nL) to persons administering
4Wisconsin works under ss. 49.141 to 49.161 or the food stamp program under
7 USC
52011 to
2029 and to counties and governing bodies of federally recognized American
6Indian tribes administering medical assistance under subch. IV and aid to families
7with dependent children under s. 49.19 to offset administrative costs of reducing
8payment errors in those programs.
SB359, s. 116
9Section
116. 49.20 (3) of the statutes is amended to read:
SB359,78,1510
49.20
(3) Payment. Aid under this section shall be paid from the appropriation
11under s. 20.435 (4)
(d) (dz) and shall be in an amount equal to that to which the person
12would be entitled under s. 49.19 if he or she were 17 years of age, except that if the
13person's family became ineligible for aid under s. 49.19 on the person's 18th birthday,
14the amount paid shall equal the amount of aid granted to a single person under s.
1549.19.
SB359, s. 117
16Section
117. 49.20 (3) of the statutes, as affected by 1995 Wisconsin Acts 27
17and .... (this act), is repealed and recreated to read:
SB359,78,2518
49.20
(3) Payment. Aid under this section shall be paid from the appropriation
19under s. 20.445 (3) (dz) and shall be in an amount equal to that to which the person
20would be entitled under s. 49.19 if he or she were 17 years of age, except that if the
21person's family became ineligible for aid under s. 49.19 on the person's 18th birthday,
22the amount paid shall equal the amount of aid granted to a single person under s.
2349.19. This subsection does not apply beginning on January 1, 1999, or beginning
24on the first day of the 6th month beginning after the date stated in the notice under
25s. 49.141 (2) (d).
SB359, s. 118
1Section
118. 49.21 (1) (c) of the statutes is created to read:
SB359,79,32
49.21
(1) (c) This subsection does not apply beginning on the first day of the 6th
3month beginning after the date stated in the notice under s. 49.141 (2) (d).
SB359, s. 119
4Section
119. 49.25 (10) of the statutes is created to read:
SB359,79,105
49.25
(10) Sunset. Beginning on January 1, 1999, or beginning on the first day
6of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d),
7whichever is sooner, no person is eligible to receive benefits under this section and
8no aid may be granted under this section. No additional notice, other than enactment
9of this subsection, is required to be given to recipients of aid under this section to
10terminate their benefits under this subsection.
SB359,79,1313
49.26 (title)
Learnfare pilot program.
SB359,80,316
49.26
(1) (e) For an individual who is a recipient of aid under s. 49.19,
or whose
17custodial parent is a participant under s. 49.147 (3) to (5), who is the parent with
18whom a dependent child lives and who is either subject to the school attendance
19requirement under par. (ge) or is under 20 years of age and wants to attend school,
20the department shall make a monthly payment to the individual or the child care
21provider for the month's child care costs in an amount based on need with the
22maximum amount per child equal to the lesser of the actual cost of the care or the
23rate established under s.
46.98 (4) (d) or, if a higher rate is established under s. 46.98
24(4) (e) and if the child care meets the quality standards established under s. 46.98
25(4) (e), in an amount based on need with the maximum amount per child equal to the
1lesser of the actual cost of the care or the rate established under s. 46.98 (4) (e), 49.155
2(6) if the individual demonstrates the need to purchase child care services in order
3to attend school and those services are available from a child care provider.
SB359,80,96
49.26
(1) (g) (intro.) An individual who is a
dependent child in a Wisconsin
7works group that includes a participant under s. 49.147 (3), (4) or (5) or who is a 8recipient of aid under s. 49.19 is subject to the school attendance requirement under
9par. (ge) if all of the following apply:
SB359,80,1612
49.26
(1) (g) 1. Before the first day of the fall 1994 school term, as defined in
13s. 115.001 (12), the individual is 13 to 19 years of age. Beginning on the first day of
14the fall
1994 1996 school term, as defined in s. 115.001 (12), the individual is
13 6 to
1519 years of age
or the individual lives in a county designated by the department
16under par. (j) and is required to attend school under that paragraph.
SB359,80,2119
49.26
(1) (gm) (intro.) The first time that an individual fails to meet the school
20attendance requirement under par. (ge), the county department under s. 46.215,
2146.22 or 46.23
or the Wisconsin works agency shall do all of the following:
SB359,80,2524
49.26
(1) (h) 1. a. The county department under s. 46.215, 46.22 or 46.23
or
25Wisconsin works agency complies with par. (gm).
SB359,81,53
49.26
(1) (hm) The department may require consent to the release of school
4attendance records, under s. 118.125 (2) (e), as a condition of eligibility for
benefits
5under s. 49.147 (3) to (5) or aid under s. 49.19.
SB359,81,128
49.26
(1) (hr) If an individual subject to the school attendance requirement
9under par. (ge) is enrolled in a public school, communications between the school
10district and the department
or, a county department under s. 46.215, 46.22 or 46.23
11or a Wisconsin works agency concerning the individual's school attendance may only
12be made by a school attendance officer, as defined under s. 118.16 (1) (a).
SB359,82,517
49.26
(2) (b) From the appropriation under s. 20.445 (3) (dz), the department
18shall allocate funds to county departments or Wisconsin works agencies for the
19provision of case management services to individuals who are subject to the school
20attendance requirement under the learnfare program under sub. (1) and their
21families to improve the school attendance and achievement of those individuals. At
22least 75% of the funds that the department allocates under this paragraph to provide
23case management services to individuals who are 13 to 19 years of age shall be
24allocated to a county department or to Wisconsin works agencies in a county with a
25population of 500,000 or more. A county or Wisconsin works agency is eligible to
1receive funds under this subsection to provide case management services to
2individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19
3years of age, residing in the county were sanctioned under sub. (1) (h) or were subject
4to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm.
5code, in any month during the previous year.
SB359, s. 130
6Section
130. 49.27 (5) (e) 2. of the statutes is repealed.
SB359, s. 131
7Section
131. 49.27 (13) of the statutes is created to read:
SB359,82,138
49.27
(13) Sunset. Beginning on January 1, 1999, or beginning on the first day
9of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d),
10whichever is sooner, no person is eligible to receive benefits under this section and
11no aid may be granted under this section. No additional notice, other than enactment
12of this subsection, is required to be given to recipients of aid under this section to
13terminate their benefits under this subsection.
SB359,82,2316
49.30
(1) (intro.) Except as provided in sub. (1m), if any recipient of benefits
17under s.
49.153, 49.46 or 49.77, or under
42 USC 1381 to
1385 in effect on May 8,
181980, dies and the estate of the deceased recipient is insufficient to pay the funeral,
19burial and cemetery expenses of the deceased recipient, the county or applicable
20tribal governing body or organization responsible for burial of the recipient shall pay,
21to the person designated by the county department under s. 46.215, 46.22 or 46.23
22or applicable tribal governing body or organization responsible for the burial of the
23recipient, all of the following:
SB359,83,4
149.32
(7) (a) The department shall conduct a program to periodically verify the
2eligibility of recipients of aid to families with dependent children under s. 49.19
and
3of participants in Wisconsin works under ss. 49.141 to 49.161 through a check of
4school enrollment records of local school boards as provided in s. 118.125 (2) (i).
SB359,83,177
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
8administering aid to families with dependent children shall maintain a monthly
9report at its office showing the names and addresses of all persons receiving such aid
10together with the amount paid during the preceding month.
Each Wisconsin works
11agency administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a
12monthly report at its office showing the names and addresses of all persons receiving
13benefits under s. 49.148 together with the amount paid during the preceding month. 14Nothing in this paragraph shall be construed to authorize or require the disclosure
15in the report of any information (names, addresses, amounts of aid or otherwise)
16pertaining to adoptions, or aid furnished for the care of children in foster homes or
17treatment foster homes under s. 49.19 (10).
SB359,84,620
49.32
(9) (b) The report under par. (a) shall be open to public inspection at all
21times during regular office hours and may be destroyed after the next succeeding
22report becomes available. Any person except any public officer, seeking permission
23to inspect such report shall be required to prove his or her identity and to sign a
24statement setting forth his or her address and the reasons for making the request
25and indicating that he or she understands the provisions of par. (c) with respect to
1the use of the information obtained. The use of a fictitious name is a violation of this
2section. Within 72 hours after any such record has been inspected, the county
3department
or Wisconsin works agency shall mail to each person whose record was
4inspected a notification of that fact and the name and address of the person making
5such inspection. The county department
or Wisconsin works agency shall keep a
6record of such requests.
SB359,84,139
49.32
(10) Release of recipient's addresses to law enforcement officers. 10(intro.) Each county department under s. 46.215 or 46.22 may release the current
11address of a recipient of aid under s. 49.19
, and each Wisconsin works agency may
12release the current address of a participant in Wisconsin works under ss. 49.141 to
1349.161, to a law enforcement officer if the officer meets all of the following conditions:
SB359,84,1916
49.33
(1) (b) "Income maintenance program" means aid to families with
17dependent children under s. 49.19,
Wisconsin works under ss. 49.141 to 49.161, 18medical assistance under subch. IV of ch. 49 or the food stamp program under
7 USC
192011 to
2029.
SB359,84,2522
49.33
(1) (c) "Income maintenance worker" means a person employed by a
23county
or, a governing body of a federally recognized American Indian tribe
or a
24Wisconsin works agency whose duties include determinations or redeterminations
25of income maintenance program eligibility.
SB359,85,113
49.33
(2) Contracts. County departments under ss. 46.215, 46.22 and 46.23
4shall annually enter into a contract with the department detailing the reasonable
5cost of administering the income maintenance programs under ss. 49.19, 49.26 (1)
6and 49.45 to 49.47 and the food stamp program under
7 USC 2011 to
2029 when so
7appointed by the department. Contracts created under this section control the
8distribution of payments under s. 20.445 (3) (dz) and (nL) in accordance with the
9reimbursement method established under s. 49.33 (8). The department may reduce
10its payment to any county under s. 20.445 (3) (dz) and (nL) if federal reimbursement
11is withheld due to audits, quality control samples or program reviews.
SB359,85,2014
49.33
(8) (a) The department shall reimburse each county for reasonable costs
15of income maintenance relating to the administration of programs under this
16subchapter and subch. IV according to a formula based on workload within the limits
17of available state and federal funds under s. 20.445 (3) (dz) and (nL) by contract
18under s. 49.33 (2). The amount of reimbursement calculated under this paragraph
19and par. (b) is in addition to any reimbursement provided to a county for fraud and
20error reduction under s. 49.197 (1m) and (4).
SB359,86,223
49.33
(9) Reimbursement for income maintenance benefits. The department
24shall reimburse each county from the appropriations under s. 20.445 (3)
(d) (dz) and
1(p) for 100% of the cost of aid to families with dependent children granted under s.
249.19 and for funeral expenses paid for recipients of aid under s. 49.30.
SB359,86,6
549.36 (title)
Work experience and job training program for
6noncustodial parents.
SB359,86,159
49.36
(2) The department may contract with any county or Wisconsin works
10agency under s. 49.143 to administer a work experience program for parents who are
11not custodial parents and who fail to pay child support or to meet their children's
12needs for support as a result of unemployment or underemployment. The program
13may provide the kinds of work experience available from the program under s. 49.193
14or 49.147 (3) or (4). The department shall fund the program from the appropriation
15under s. 20.445 (3) (dz).
SB359,86,2018
49.36
(3) (a) Except as provided in par. (f), a person ordered to register under
19s. 767.295 (2) (a) shall participate in a work experience
and job training program if
20services are available.
SB359,87,323
49.36
(3) (g) If the person's child receives benefits under s. 49.19, the liability
24under s. 49.195 of a parent who is a member of the child's household is reduced by
25the amount of the federal minimum hourly wage under
29 USC 206 (a) (1) for each
1hour the person participates in a program under this section.
This paragraph does
2not apply beginning on the first day of the 6th month beginning after the date stated
3in the notice under s. 49.141 (2) (d).
SB359,87,86
49.36
(4) When a person completes 16 weeks of participation in a program
7under this section, the county
or Wisconsin works agency operating the program
8shall inform the clerk of courts, by affidavit, of that completion.
SB359,87,1411
49.36
(5) A person participating in work experience
in a county as part of the
12program under this section is considered an employe of
that the county
or Wisconsin
13works agency administering the program under this section for purposes of worker's
14compensation benefits only.
SB359,87,2017
49.36
(6) A county
or Wisconsin works agency administering the program
18under this section shall reimburse a person for reasonable transportation costs
19incurred because of participation in a program under this section up to a maximum
20of $25 per month.
SB359,88,223
49.36
(7) The department shall pay a county
or Wisconsin works agency $200
24for each person who participates in the program under this section in
that county the
25region in which the county or Wisconsin works agency administers the program
1under this section. The county
or Wisconsin works agency shall pay any additional
2costs of the program.
SB359, s. 150
3Section
150. 49.45 (6m) (br) 1. of the statutes is amended to read:
SB359,88,74
49.45
(6m) (br) 1. Notwithstanding s. 20.435 (3) (cd), (4)
(de) (dz) or (eb) or (7)
5(b), the department shall reduce allocations of funds to counties in the amount of the
6disallowance from the appropriations under s. 20.435 (3) (cd), (4)
(de) (dz) or (eb) or
7(7) (b) in accordance with s. 16.544 to the extent applicable.
SB359, s. 151
8Section
151. 49.45 (6m) (br) 1. of the statutes, as affected by 1995 Wisconsin
9Acts 27 and .... (this act), is repealed and recreated to read:
SB359,88,1610
49.45
(6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (1) (bt) or (bu) or
11(7) (b) or 20.445 (3) (dz), the department shall reduce allocations of funds to counties
12in the amount of the disallowance from the appropriations under s. 20.410 (3) (cd)
13or 20.435 (1) (bt) or (bu) or (7) (b), or the department shall direct the department of
14industry, labor and job development to reduce allocations of funds to counties or
15Wisconsin works agencies in the amount of the disallowance from the appropriation
16under s. 20.445 (3) (dz) in accordance with s. 16.544 to the extent applicable.
SB359, s. 152
17Section
152. 49.46 (1) (a) 1. of the statutes is amended to read: