SB359,67,2117
49.19
(4e) (c) The department shall request a waiver from the secretary of the
18federal department of health and human services to require, without exception, that
19a person applying for aid who is under 18 years of age, has never married and is
20pregnant or has a dependent child in his or her care meet the requirements of par.
21(a). If a waiver is granted and in effect, par. (b) does not apply.
SB359,68,324
49.19
(11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
25payments made under s. 20.435 (4)
(d) (dz) and (p) to persons or to families with
1dependent children shall be based on family size and shall be at 80% of the total of
2the allowances under subds. 2. and 4. plus the following standards of assistance
3beginning on September 1, 1987:
SB359, s. 87
4Section
87. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995
5Wisconsin Acts 12, 27 and .... (this act), is repealed and recreated to read:
SB359,68,106
49.19
(11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
7payments made under s. 20.445 (3) (dz) and (p) to persons or to families with
8dependent children shall be based on family size and shall be at 80% of the total of
9the allowances under subds. 2. and 4. plus the following standards of assistance
10beginning on September 1, 1987:
SB359, s. 88
11Section
88. 49.19 (20) of the statutes is amended to read:
SB359,68,1812
49.19
(20) After December 31, 1998,
Beginning on January 1, 1999, or
13beginning on the first day of the 6th month beginning after the date stated in the
14notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive
15benefits under this section and no aid may be granted under this section. No
16additional notice, other than the enactment of this subsection, is required to be given
17under sub. (13) to recipients of aid under this section to terminate their benefits
18under this subsection.
SB359,69,421
49.191
(1) Child care funds for certain reciepients of aid to families with
22dependent children. Within the limits of funds available under ss. 20.435 (3) (jg)
23and 20.445 (3) (dz) and (na), the department shall provide funds for individuals who
24are working and who receive aid to families with dependent children to pay child care
25costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and
1child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes
2available if the child care is provided by a child care provider. This paragraph does
3not apply beginning on the first day of the 6th month beginning after the date stated
4in the notice under s. 49.141 (2) (d).
SB359,69,207
49.191
(2) Child care funds for former recipients of aid to families with
8dependent children. The department shall pay the child care costs of an individual
9who secures unsubsidized employment and loses eligibility for aid to families with
10dependent children because of earned income or number of hours worked for up to
1112 months following the loss of eligibility if the child care is provided by a child care
12provider. The department shall establish a formula for assistance based on ability
13to pay. The rates for child care services under this subsection shall be determined
14under s. 46.98 (4) (d), or, if a higher rate is established under s. 46.98 (4) (e) and if
15the child care services meet the quality standards established under s. 46.98 (4) (e),
16the rates for child care services under this subsection that meet those standards shall
17be determined under s. 46.98 (4) (e). The department shall promulgate rules for the
18disbursement of funds under this subsection.
This subsection does not apply
19beginning on the first day of the 6th month beginning after the date stated in the
20notice under s. 49.141 (2) (d).
SB359,70,323
49.191
(3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall
24administer the funds appropriated for the purpose of providing child care under
25subs. (1) and (2) for recipients and former recipients of aid under s. 49.19 and under
1s. 49.26 (1) (e) for participants in the learnfare program. The department shall
2allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the
3purposes of this paragraph.
SB359,70,84
(b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22
5or 46.23 may, with the approval of the department, provide payment for, or
6reimbursement of, child care under sub. (1) or s. 49.193 (8) using funds allocated
7under par. (a). The department shall approve or disapprove this use of funds under
8criteria established to maximize state and federal funding available for child care.
SB359,70,1811
49.193
(2) (a)
The Except as provided in par. (am), the department shall ensure
12that all persons required under
42 USC 602 (a) (19) and
42 USC 681 to
687 to
13participate in a job opportunities and basic skills training program participate in the
14program under this section. In addition, the department shall require a parent or
15other caretaker relative of a child who is at least one year of age to participate in the
16program under this section on a full-time basis, unless the parent or other caretaker
17relative is exempt from participation in the program for a reason other than being
18a parent or other caretaker of a child under 3 years of age.
SB359, s. 93
19Section
93. 49.193 (2) (am) of the statutes is created to read:
SB359,70,2320
49.193
(2) (am) 1. The department shall request a waiver from the secretary
21of the federal department of health and human services to permit the application of
22subd. 2. If a waiver is granted and in effect, the department shall implement subd.
232. no later than the first day of the 2nd month beginning after the waiver is approved.
SB359,71,324
2. If a waiver is granted and in effect, the department shall require a parent
25or other caretaker relative of a child who is at least 12 weeks of age to participate in
1the program under this section on a full-time basis, unless the parent or other
2caretaker relative is exempt from participation for a reason other than being a parent
3or other caretaker of a child under 3 years of age.
SB359, s. 94
4Section
94. 49.193 (4) (g) of the statutes is amended to read:
SB359,71,65
49.193
(4) (g) Work supplementation, as described in
45 CFR 250.62, in which
6participation is
voluntary mandatory.
SB359, s. 95
7Section
95. 49.193 (4) (j) 4. of the statutes is repealed.
SB359, s. 96
8Section
96. 49.193 (4) (k) 1m. of the statutes is created to read:
SB359,71,109
49.193
(4) (k) 1m. Alcohol and other drug abuse prevention, assessment and
10treatment programs.
SB359, s. 97
11Section
97. 49.193 (4m) of the statutes is created to read:
SB359,71,1512
49.193
(4m) Alcohol and other drug abuse prevention and treatment
13program. The department may require participation in an alcohol and other drug
14abuse assessment, prevention and treatment program to fulfill employment and
15training requirements described in this section.
SB359, s. 98
16Section
98. 49.193 (6) (c) of the statutes is amended to read:
SB359,71,2217
49.193
(6) (c)
No Except as provided in par. (e), no person may be required to
18work more than 32 hours per week in a community work experience component. No
19person may be required to work more than 16 weeks in a component under this
20subsection during a 12-month period, except that a person who is eligible for aid
21under s. 49.19 (4) (dm) may be required to work for more than 16 weeks in a
22component under this subsection in order to comply with
45 CFR 250.33.
SB359, s. 99
23Section
99. 49.193 (6) (e) of the statutes is created to read:
SB359,72,1024
49.193
(6) (e) The department shall request a waiver from the secretary of the
25federal department of health and human services to allow the department to require
1a person to work not more than 40 hours per week in a community work experience
2component and not more than 6 months in a component under this subsection during
3a 12-month period instead of the number of hours and weeks under par. (c). If the
4waiver is granted and in effect, the department may require a person to work not
5more than 40 hours per week in a community work experience component. If a
6waiver is granted and in effect, the department may require a person to work not
7more than 6 months in a component under this subsection during a 12-month period,
8except that the department may require a person who is eligible for aid under s. 49.19
9(4) (dm) to work for more than 6 months in a component under this subsection in
10order comply with
45 CFR 250.33.
SB359, s. 100
11Section
100. 49.193 (7) of the statutes is repealed.
SB359, s. 101
12Section
101. 49.193 (8) (bm) of the statutes is amended to read:
SB359,72,1813
49.193
(8) (bm) Beginning on January 1, 1994, a county department under s.
1446.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
15this subsection
or under s. 49.50 (6e) (a) may, with the approval of the department,
16use those funds to pay or reimburse child care costs under s. 49.50 (6e)
(b), (6g) or (7)
17(e). The department shall approve or disapprove of this use of funds under criteria
18established to maximize state and federal funding available for child care.
SB359, s. 102
19Section
102. 49.193 (8) (bm) of the statutes, as affected by 1995 Wisconsin Acts
2027 and .... (this act), is repealed and recreated to read:
SB359,73,221
49.193
(8) (bm) Beginning on January 1, 1994, a county department under s.
2246.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under
23this subsection may, with the approval of the department, use those funds to pay or
24reimburse child care costs under s. 49.191 (1) or (2) or 49.26 (1) (e). The department
1shall approve or disapprove of this use of funds under criteria established to
2maximize state and federal funding available for child care.
SB359, s. 104
5Section
104. 49.193 (9m) (ag) of the statutes is created to read:
SB359,73,96
49.193
(9m) (ag) In this subsection, "participant" includes a case head, as
7defined by the department by rule, of an aid to families with dependent children case,
8even if the needs of the case head have been removed from the case as the result of
9a sanction.
SB359, s. 105
10Section
105. 49.193 (10m) of the statutes is amended to read:
SB359,73,2011
49.193
(10m) Work-first program. The department shall select Kenosha
12county and additional counties in which to pilot the work-first program under this
13subsection. The work-first program shall be conducted as part of the job
14opportunities and basic skills program under this section and shall be funded from
15s. 20.435 (4)
(df) (dz). The work-first program shall seek to increase the amount of
16job opportunities and basic skills program services provided to recipients of aid to
17families with dependent children and to minimize the time between the date on
18which a person in a pilot county first applies for aid to families with dependent
19children under s. 49.19 and the date on which the person begins to participate in the
20job opportunities and basic skills program under this section.
SB359, s. 106
21Section
106. 49.193 (10m) of the statutes, as affected by 1995 Wisconsin Acts
2227 and .... (this act), is repealed and recreated to read:
SB359,74,723
49.193
(10m) Work-first program. The department shall select Kenosha
24county and additional counties in which to pilot the work-first program under this
25subsection. The work-first program shall be conducted as part of the job
1opportunities and basic skills program under this section and shall be funded from
2s. 20.445 (3) (dz). The work-first program shall seek to increase the amount of job
3opportunities and basic skills program services provided to recipients of aid to
4families with dependent children and to minimize the time between the date on
5which a person in a pilot county first applies for aid to families with dependent
6children under s. 49.19 and the date on which the person begins to participate in the
7job opportunities and basic skills program under this section.
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: