Amendment ASA1-AB100

AB100-ASA1, s. 1486 Section 1486. 49.19 (20) (b) of the statutes is repealed and recreated to read:

AB100-ASA1,809,11 49.19 (20) (b) Notwithstanding par. (a):

AB100-ASA1,809,16 1. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid under this section may be paid to the nonlegally responsible relative after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after the effective date of this subdivision .... [revisor inserts date], whichever is earlier.

AB100-ASA1,809,20 2. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid may be paid to the nonlegally responsible relative on or after the effective date of this subdivision .... [revisor inserts date].

AB100-ASA1, s. 1487 Section 1487. 49.191 (1) (b) of the statutes is amended to read:

AB100-ASA1,810,4 49.191 (1) (b) Within the limits of funds available under s. 20.445 (3) (cn) (cm), (dz), (jg), (md) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-ASA1, s. 1488 Section 1488. 49.193 (10m) of the statutes is amended to read:

AB100-ASA1,810,15 49.193 (10m) Work-first program. The department shall select Kenosha county and additional counties in which to pilot the work-first program under this subsection. The work-first program shall be conducted as part of the job opportunities and basic skills program under this section and shall be funded from s. 20.445 (3) (df) (dz). The work-first program shall seek to increase the amount of job opportunities and basic skills program services provided to recipients of aid to families with dependent children and to minimize the time between the date on which a person in a pilot county first applies for aid to families with dependent children under s. 49.19 and the date on which the person begins to participate in the job opportunities and basic skills program under this section.

AB100-ASA1, s. 1489 Section 1489. 49.197 (1m) of the statutes is amended to read:

AB100-ASA1,811,4 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) (de) (dz), (L), (md), (n) and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 2036 and on the part of participants in the Wisconsin works program under ss. 49.141 to 49.161. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state and local agencies, development of an advisory welfare investigation prosecution standard and provision of funds to county departments under ss. 46.215, 46.22 and 46.23 and to Wisconsin works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB100-ASA1, s. 1490 Section 1490. 49.197 (4) of the statutes is amended to read:

AB100-ASA1,811,12 49.197 (4) County and tribal error reduction. The department shall provide funds from the appropriations under s. 20.445 (3) (de) (dz), (L) and (Lm) and federal matching funds from the appropriations under s. 20.445 (3) (md), (n) and (nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under subch. IV, aid to families with dependent children under s. 49.19 or the food stamp program under 7 USC 2011 to 2029 to offset administrative costs of reducing payment errors in those programs.

AB100-ASA1, s. 1873c Section 1873c. 49.20 (3) of the statutes is amended to read:

AB100-ASA1,811,19 49.20 (3) Payment. Aid under this section shall be paid from the appropriation under s. 20.445 (3) (d) (dz) and shall be in an amount equal to that to which the person would be entitled under s. 49.19 if he or she were 17 years of age, except that if the person's family became ineligible for aid under s. 49.19 on the person's 18th birthday, the amount paid shall equal the amount of aid granted to a single person under s. 49.19.

AB100-ASA1, s. 1873f Section 1873f. 49.20 (5) of the statutes is created to read:

AB100-ASA1,811,23 49.20 (5) Sunset. No aid may be paid under this section beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-ASA1, s. 1877r Section 1877r. 49.22 (2m) of the statutes is amended to read:

AB100-ASA1,812,9 49.22 (2m) The department may request from any person any information it determines appropriate and necessary for the administration of this section, ss. 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. Except as provided in sub. (2p) and subject to sub. (12), the department or the county child and spousal support agency under s. 59.53 (5) may disclose information obtained under this subsection only in the administration of this section, ss. 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100-ASA1, s. 1491 Section 1491. 49.22 (2p) of the statutes is amended to read:

AB100-ASA1,812,16 49.22 (2p) The Except as provided in sub. (12), the department or a county child and spousal support agency under s. 59.53 (5) may disclose to a parent with legal custody of a child, upon the parent's request, the last-known address, and the name and address of the last-known employer, of the child's other parent if that other parent owes a support obligation to the child and is in arrears in the payment of the support.

AB100-ASA1, s. 1492 Section 1492. 49.22 (7) of the statutes is amended to read:

AB100-ASA1,813,6 49.22 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.53 (6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under s. 20.445 (3) (p) (md) to carry out a contract under this subsection.

AB100-ASA1, s. 1493 Section 1493. 49.22 (12) of the statutes is created to read:

AB100-ASA1,813,10 49.22 (12) The department or a county child support agency under s. 59.53 (5) may not release information to a person about the whereabouts of another person if any of the following applies:

AB100-ASA1,813,15 (a) The person seeking the information is subject to a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125 or 813.127 with respect to the person about whom the information is sought; and the department or county child support agency under s. 59.53 (5) has notice of the temporary restraining order or injunction.

AB100-ASA1,813,18 (b) The department or county child support agency under s. 59.53 (5) has reason to believe that releasing the information may result in physical or emotional harm to the person about whom the information is sought.

AB100-ASA1, s. 1494 Section 1494. 49.26 (1) (a) 2. d. of the statutes is amended to read:

AB100-ASA1,813,22 49.26 (1) (a) 2. d. A course of study meeting the standards established by the secretary of education state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

AB100-ASA1, s. 1495 Section 1495. 49.26 (1) (e) of the statutes is amended to read:

AB100-ASA1,814,8 49.26 (1) (e) For an individual who is a recipient of aid under s. 49.19, or whose custodial parent is a participant under s. 49.147 (3) to (5), who is the parent with whom a dependent child lives and who is either subject to the school attendance requirement under par. (ge) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 49.155 (6) if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.

AB100-ASA1, s. 1496 Section 1496. 49.26 (1) (g) 1. of the statutes is amended to read:

AB100-ASA1,814,13 49.26 (1) (g) 1. Before the first day of the fall 1994 school term, as defined in s. 115.001 (12), the individual is 13 to 19 17 years of age. Beginning on the first day of the fall 1997 school term, as defined in s. 115.001 (12), the individual is 6 to 19 17 years of age.

AB100-ASA1, s. 1887g Section 1887g. 49.26 (1) (h) 1. as. of the statutes is amended to read:

AB100-ASA1,814,21 49.26 (1) (h) 1. as. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1. am. in a hearing under s. 49.21 (1). If the individual is a recipient of aid under s. 49.19, the hearing shall be requested and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), the hearing shall be requested and held under s. 49.152. The department shall determine by rule the criteria for good cause.

AB100-ASA1, s. 1497 Section 1497. 49.26 (1) (h) 1m. (intro.) of the statutes is amended to read:

AB100-ASA1,814,25 49.26 (1) (h) 1m. (intro.) An individual who is 13 to 19 17 years of age and who fails to meet the school attendance requirement under par. (ge) is subject to sanctions as provided under subd. 1s. only if all of the following apply:

AB100-ASA1, s. 1888e Section 1888e. 49.26 (1) (h) 1m. c. of the statutes is amended to read:

AB100-ASA1,815,8 49.26 (1) (h) 1m. c. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1m. b. at a hearing under s. 49.21 (1). If the individual is a recipient of aid under s. 49.19, the hearing shall be requested and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), the hearing shall be requested and held under s. 49.152. The department shall determine by rule the criteria for good cause.

AB100-ASA1, s. 1498 Section 1498. 49.26 (2) (b) of the statutes is amended to read:

AB100-ASA1,815,22 49.26 (2) (b) From the appropriation appropriations under s. 20.445 (3) (dg) (dz) and (md), the department shall allocate funds to county departments for the provision of case management services to individuals who are subject to the school attendance requirement under the learnfare program under sub. (1) and their families to improve the school attendance and achievement of those individuals. At least 75% of the funds that the department allocates under this paragraph to provide case management services to individuals who are 13 to 19 17 years of age shall be allocated to a county department of a county with a population of 500,000 or more. A county department is eligible to receive funds under this subsection to provide case management services to individuals who are 13 to 19 17 years of age in a year if 35 or more individuals, 13 to 19 17 years of age, residing in the county were sanctioned under sub. (1) (h) or were subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.

AB100-ASA1, s. 1499 Section 1499. 49.27 (5) (e) 5. of the statutes is amended to read:

AB100-ASA1,816,5 49.27 (5) (e) 5. A person in need of a high school diploma shall be assigned to a course of study meeting the standards established by the secretary of education state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation unless the person demonstrates a basic literacy level or the employability plan for the individual identifies a long-term employment goal that does not require a high school diploma or a declaration of equivalency.

AB100-ASA1, s. 1500 Section 1500. 49.27 (8) of the statutes is repealed.

AB100-ASA1, s. 1501 Section 1501. 49.27 (11) (i) of the statutes is amended to read:

AB100-ASA1,816,9 49.27 (11) (i) Provide transitional child care services under sub. (6), and shelter payments under sub. (7) and transitional medical assistance coverage under sub. (8).

AB100-ASA1, s. 1502 Section 1502. 49.30 (2) of the statutes is amended to read:

AB100-ASA1,816,19 49.30 (2) The state From the appropriation under s. 20.445 (3) (dz), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1). The state From the appropriation under s. 20.445 (3) (dz), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.

AB100-ASA1, s. 1503 Section 1503. 49.32 (8) of the statutes is amended to read:

AB100-ASA1,817,5 49.32 (8) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of aid to families with dependent children under s. 49.19 and by participants under Wisconsin works under ss. 49.141 to 49.161 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.95 when warranted. The department shall use the state wage reporting system under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks.

AB100-ASA1, s. 1504 Section 1504. 49.32 (9) (a) of the statutes is amended to read:

AB100-ASA1,817,17 49.32 (9) (a) Each county department under s. 46.215, 46.22 or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving such aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names and addresses of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 42.261 46.261 or 49.19 (10).

AB100-ASA1, s. 1505 Section 1505. 49.32 (9) (b) of the statutes is amended to read:

AB100-ASA1,818,18 49.32 (9) (b) The report under par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person except any public officer, seeking permission to inspect such report shall be required to prove his or her identity and to sign a statement setting forth his or her address and the reasons for making the request and indicating that he or she understands the provisions of par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. or Wisconsin works agency Within 7 days after the record is inspected, or on the next regularly scheduled communication with that person, whichever is sooner, the county department or Wisconsin works agency shall notify each person whose name and amount of aid was inspected that the record was inspected and of the name and address of the person making such inspection. County departments under ss. 46.215 and, 46.22 and 46.23 administering aid to families with dependent children and Wisconsin works agencies administering Wisconsin works under ss. 49.141 to 49.161 may withhold the right to inspect the name of and amount paid to recipients from private individuals who are not inspecting this information for purposes related to public, educational, organizational, governmental or research purposes until the person whose record is to be inspected is notified by the county department or Wisconsin works agency, but in no case may the county department or Wisconsin works agency withhold this information for more than 5 working days. The county department or Wisconsin works agency shall keep a record of such requests. The record shall indicate the name, address, employer and telephone number of the person making the request. If the person refuses to provide his or her name, address, employer and telephone number, the request to inspect this information may be denied.

AB100-ASA1, s. 1506 Section 1506. 49.32 (10) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,818,25 49.32 (10) (a) (intro.) Each county department under s. 46.215 or, 46.22 or 46.23 may release the current address of a recipient of food stamps or of aid under s. 49.19, and each Wisconsin works agency may release the current address of a participant in Wisconsin works under ss. 49.141 to 49.161 or, if administering the food stamp program, of a food stamp recipient, to a law enforcement officer if the officer meets all of the following conditions:

AB100-ASA1, s. 1507 Section 1507. 49.32 (10) (a) 1. of the statutes is amended to read:

AB100-ASA1,819,3 49.32 (10) (a) 1. The officer provides, in writing, the name and social security number of the recipient or participant.

AB100-ASA1, s. 1508 Section 1508. 49.32 (10) (a) 2. a. of the statutes is amended to read:

AB100-ASA1,819,8 49.32 (10) (a) 2. a. That the recipient or participant is a fugitive felon under 42 USC 602 608 (a) (9), is violating a condition of probation or parole imposed under state or federal law or has information that is necessary for the officer to conduct the official duties of the officer.

AB100-ASA1, s. 1509 Section 1509. 49.32 (10) (a) 2. b. of the statutes is amended to read:

AB100-ASA1,819,11 49.32 (10) (a) 2. b. That the location or apprehension of the felon recipient or participant under subd. 2. a. is within the official duties of the officer.

AB100-ASA1, s. 1510 Section 1510. 49.33 (2) of the statutes is amended to read:

AB100-ASA1,819,21 49.33 (2) Contracts. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.445 (3) (de) (dz), (md) and (nL) in accordance with the reimbursement method established under sub. (8). The department may reduce its payment to any county under s. 20.445 (3) (de) (dz), (md) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB100-ASA1, s. 1511 Section 1511. 49.33 (8) (a) of the statutes is amended to read:

AB100-ASA1,820,4 49.33 (8) (a) The department shall reimburse each county for reasonable costs of income maintenance relating to the administration of the programs under this subchapter and subch. IV according to a formula based on workload within the limits of available state and federal funds under s. 20.445 (3) (de), (dz), (md) and (nL) by contract under s. 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

AB100-ASA1, s. 1512 Section 1512. 49.33 (9) of the statutes is amended to read:

AB100-ASA1,820,9 49.33 (9) Reimbursement for income maintenance benefits. The department shall reimburse each county from the appropriations under s. 20.445 (3) (d) (dz) and (p) (md) for 100% of the cost of aid to families with dependent children granted under s. 49.19 and for funeral expenses paid for recipients of aid under s. 49.30.

AB100-ASA1, s. 1513 Section 1513. 49.36 (2) of the statutes is amended to read:

AB100-ASA1,820,18 49.36 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193 or 49.147 (3) or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriation under s. 20.445 (3) (df) (dz).

AB100-ASA1, s. 1904k Section 1904k. 49.37 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,820,23 49.37 (1) (intro.)  From the appropriation under s. 20.445 (3) (dk), the The department shall allocate funds to new hope project, inc., as provided in s. 49.175 (1) (s), for a demonstration project that will be conducted in 2 areas in the city of Milwaukee, if all of the following conditions are satisfied:

AB100-ASA1, s. 1904L Section 1904L. 49.37 (3) of the statutes is amended to read:

AB100-ASA1,821,4 49.37 (3) The contract under sub. (1) (g) shall require an interim evaluation to be submitted to the department no later than January 1, 1993. New hope project, inc., may not use funds appropriated under s. 20.445 (3) (dk) (dz) to fund the evaluation under sub. (1) (g).

AB100-ASA1, s. 1904m Section 1904m. 49.37 (4) of the statutes is amended to read:

AB100-ASA1,821,6 49.37 (4) This section does not apply after June 30, 1997 1999.

AB100-ASA1, s. 1514 Section 1514. 49.45 (2) (a) 3. of the statutes is amended to read:

AB100-ASA1,821,13 49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance, rehabilitative and social services under ss. 49.46, 49.468 and 49.47 and rules and policies adopted by the department and may designate this function to the county department under s. 46.215 or, 46.22 or 46.23 or , to the extent permitted by federal law or a waiver from federal secretary of health and human services, to a Wisconsin works agency.

AB100-ASA1, s. 1515 Section 1515. 49.45 (2) (a) 5. of the statutes is amended to read:

AB100-ASA1,821,17 49.45 (2) (a) 5. Cooperate with the division for learning support, equity and advocacy in the department of education public instruction to carry out the provisions of Title XIX.

AB100-ASA1, s. 1516 Section 1516. 49.45 (2) (a) 17. of the statutes is amended to read:

AB100-ASA1,821,22 49.45 (2) (a) 17. Notify the governor, the joint committee on legislative organization, the joint committee on finance and appropriate standing committees, as determined by the presiding officer of each house, if the appropriation under s. 20.435 (1) (5) (b) is insufficient to provide the state share of medical assistance.

AB100-ASA1, s. 1517 Section 1517. 49.45 (3) (ag) of the statutes is created to read:

AB100-ASA1,821,25 49.45 (3) (ag) Reimbursement shall be made to each entity contracted with under s. 46.271 (2m) for assessments completed under s. 46.271 (2m) (a) 2.

AB100-ASA1, s. 1518 Section 1518. 49.45 (5) of the statutes is renumbered 49.45 (5) (a) and amended to read:

AB100-ASA1,822,8 49.45 (5) (a) Any person whose application for medical assistance is denied or is not acted upon promptly or who believes that the payments made in the person's behalf have not been properly determined or that his or her eligibility has not been properly determined may file an appeal with the department pursuant to s. 49.21 (1) par. (b). Review is unavailable if the decision or failure to act arose more than 45 days before submission of the petition for a hearing.

AB100-ASA1, s. 1519 Section 1519. 49.45 (5) (b) of the statutes is created to read:

AB100-ASA1,822,24 49.45 (5) (b) 1. Upon receipt of a timely petition under par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county clerk or, if a Wisconsin works agency is responsible for making the medical assistance determination, the Wisconsin works agency. The county or the Wisconsin works agency may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient, the county clerk and to the county officer or the Wisconsin works agency charged with administration of the medical assistance program. The decision of the department shall have the same effect as an order of the county officer or the Wisconsin works agency charged with the administration of the medical assistance program. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:

AB100-ASA1,822,25 a. The petitioner withdraws the petition in writing.

AB100-ASA1,823,3 b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state or federal law.