Amendment ASA1-AB100

AB100-ASA1,801,24 49.161 (1) (title) Trial jobs and wage-paying community service jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) and (b) 2. from an individual who receives or has received benefits paid under s. 49.148 (1) (a) or (b) 2. The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.

AB100-ASA1, s. 1857n Section 1857n. 49.161 (2) of the statutes is amended to read:

AB100-ASA1,802,6 49.161 (2) (title) Community Grant-paying community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) 1. and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) 1. and (c) by reducing the amount of the individual's benefit payment by no more than 10%.

AB100-ASA1, s. 1857o Section 1857o. 49.170 of the statutes is created to read:

AB100-ASA1,802,12 49.170 Payments for certain tribal economic support programs. (1) Definition. In this section, "tribal economic support program" means an economic support program, operated by a federally recognized American Indian tribe or band in this state, that is funded under P.L. 104-193, section 103, and is not part of the Wisconsin works program under ss. 49.141 to 49.161.

AB100-ASA1,802,21 (2) Department plan. The department shall develop a plan for making payments, from the appropriation under s. 20.445 (3) (dz), to each federally recognized American Indian tribe or band in this state that operates a tribal economic support program, for the purpose of operating that tribal economic support program. As a condition of receiving a payment under this section, the tribal economic support program shall meet all requirements specified in the plan. These requirements shall be similar to the requirements of the Wisconsin works program under ss. 49.141 to 49.161. The plan shall specify the method of determining the amount of the payment to be made for each tribal economic support program.

AB100-ASA1,803,2 (3) Joint committee on finance approval. No later than January 1, 1998, the department shall submit the plan under sub. (2) to the cochairpersons of the joint committee on finance for review by the joint committee on finance. The department may not make a payment under the plan unless the plan is approved by the joint committee on finance.

AB100-ASA1,803,5 (4) Payments. If the joint committee on finance approves the plan submitted under sub. (3), the department shall make payments, from the appropriation under s. 20.445 (3) (dz), in the manner specified in the plan.

AB100-ASA1, s. 1857p Section 1857p. 49.175 of the statutes is created to read:

AB100-ASA1,803,11 49.175 Public assistance and local assistance funding. (1) Funds distribution. Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:

AB100-ASA1,803,13 (a) Aid to families with dependent children. For benefits under s. 49.19, $28,400,000 in fiscal year 1997-98.

AB100-ASA1,803,16 (b) Wisconsin works. For payments to Wisconsin works agencies for subsidized employment and office costs and as a supplement for long-term and refugee cases, $267,692,100 in fiscal year 1997-98 and $283,771,800 in fiscal year 1998-99.

AB100-ASA1,803,20 (c) Wisconsin works agency contingency fund. For contingency payments to Wisconsin works agencies for subsidized employment and office costs to be distributed under criteria established by the department, $25,000,000 in the 1997-99 fiscal biennium.

AB100-ASA1,803,22 (d) Job opportunities and basic skills program. For services provided under s. 49.193, $15,079,800 in fiscal year 1997-98.

AB100-ASA1,803,24 (e) County income maintenance administration. For county income maintenance administration, $6,665,600 in fiscal year 1997-98.

AB100-ASA1,804,3 (f) State administration of public assistance programs. For state administration of public assistance programs, $37,449,500 in fiscal year 1997-98 and $34,338,100 in fiscal year 1998-99.

AB100-ASA1,804,5 (g) Emergency assistance. For emergency assistance under s. 49.138, $3,300,000 in each fiscal year.

AB100-ASA1,804,7 (h) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in each fiscal year.

AB100-ASA1,804,9 (i) Learnfare case management. For case management services for learnfare pupils under s. 49.26 (2), $2,619,100 in each fiscal year.

AB100-ASA1,804,11 (j) Local learnfare projects. For local projects under the learnfare program under s. 49.26, $450,000 in fiscal year 1997-98.

AB100-ASA1,804,13 (k) Children first. For services under the work experience program for noncustodial parents under s. 49.36, $1,316,400 in each fiscal year.

AB100-ASA1,804,15 (L) County fraud investigations and error reduction. For county fraud investigations and error reductions under s. 49.197, $588,000 in each fiscal year.

AB100-ASA1,804,17 (m) Job access loans. For job access loans under s. 49.147 (6), $3,645,600 in fiscal year 1997-98 and $866,900 in fiscal year 1998-99.

AB100-ASA1,804,20 (n) Employment skills advancement grants. For employment skills advancement grants under s. 49.185, $833,300 in fiscal year 1997-98 and $1,000,000 in fiscal year 1998-99.

AB100-ASA1,804,22 (o) Direct child care services. For direct child care services under s. 49.155, $155,547,200 in fiscal year 1997-98 and $177,427,200 in fiscal year 1998-99.

AB100-ASA1,805,2 (p) Indirect child care services. For indirect child care services under s. 49.131 (2) (b), $6,002,400 in each fiscal year. Notwithstanding sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.

AB100-ASA1,805,5 (q) Reserve for benefit payments in a county with a population of 500,000 or more. For a reserve for benefit payments in a county with a population of 500,000 or more, $11,000,000 in fiscal year 1997-98 and $10,000,000 in fiscal year 1998-99.

AB100-ASA1,805,9 (r) Wisconsin works contracts in certain counties. For contracts with persons for oversight of the administrative structure of Wisconsin works, and of Wisconsin works agencies, in counties having a population of 500,000 or more, $1,000,000 in each fiscal year.

AB100-ASA1,805,11 (s) New hope project. For the new hope project under s. 49.37, $1,560,000 in fiscal year 1997-98 and $690,000 in fiscal year 1998-99.

AB100-ASA1,805,16 (t) Transportation assistance. For transportation assistance under s. 49.157, $1,000,000 in fiscal year 1997-98 and $2,000,000 in fiscal year 1998-99. The department may not distribute the funds under this paragraph unless the joint committee on finance supplements the appropriate appropriation from the appropriation under s. 20.865 (4) (m).

AB100-ASA1,805,19 (u) Hospital paternity incentives. For hospital paternity incentive payments under s. 69.14 (1) (cm), $54,000 in fiscal year 1997-98 and $144,000 in fiscal year 1998-99.

AB100-ASA1,805,22 (v) Youth village program. For the youth village program under s. 118.42, $500,000 in each fiscal year. The department may not distribute funds under this paragraph if the youth village program does not comply with s. 118.42 (1) (e).

AB100-ASA1,805,25 (w) Transfer of federal funds to the department of health and family services. For the transfer of federal funds to the department of health and family services, as provided in s. 20.445 (3) (md), for the following purposes, the following amounts:

AB100-ASA1,806,2 1. `Kinship care assistance.' For the kinship care program under s. 48.57 (3m) and (3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year 1998-99.

AB100-ASA1,806,6 2. `Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $1,570,700 in fiscal year 1997-98 and $458,800 in fiscal year 1998-99.

AB100-ASA1,806,7 3. `Community aids.' For community aids, $31,800,000 in each fiscal year.

AB100-ASA1,806,10 4. `Milwaukee County liaison.' For a Milwaukee County child welfare liaison funded from the appropriation under s. 20.435 (8) (kx), $104,000 in fiscal year 1997-98 and $108,100 in fiscal year 1998-99.

AB100-ASA1,806,14 (2) Transfer of funds. (a) With the approval of the secretary of administration, the department may use not more than 10% of the amounts required to be allocated for a purpose specified in any paragraph under sub. (1) for any other purpose specified in any other paragraph under sub. (1) in each fiscal year.

AB100-ASA1,806,16 (b) The department may use more than 10% if all of the following conditions are met:

AB100-ASA1,806,17 1. The secretary of administration approves the transfer.

AB100-ASA1,806,25 2. The department submits a request for the transfer to the joint committee on finance and the joint committee on finance does not, within 14 days after receiving the request, schedule a meeting to review the transfer. If, within 14 days after receiving the request, the joint committee on finance schedules a meeting to review the transfer, the department may not use for another purpose specified under any paragraph under sub. (1) more than 10% of the amounts required to allocated for a different purpose specified in any other paragraph under sub. (1) unless it is approved by the committee, which may modify the proposed transfer.

AB100-ASA1, s. 1857pm Section 1857pm. 49.175 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,807,6 49.175 (1) Funds distribution. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (k), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:

AB100-ASA1, s. 1857q Section 1857q. 49.175 (1) (b) of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 49.175 (1) (b) 1. and amended to read:

AB100-ASA1,807,12 49.175 (1) (b) 1. For Except as provided in subd. 2., for payments to Wisconsin works agencies for subsidized employment and office costs and as a supplement for long-term and refugee cases, $267,692,100 in fiscal year 1997-98 and $283,771,800 in fiscal year 1998-99.

AB100-ASA1, s. 1857r Section 1857r. 49.175 (1) (b) 2. of the statutes is created to read:

AB100-ASA1,807,18 49.175 (1) (b) 2. The department of revenue shall determine the amount that is required to pay claims approved under s. 71.07 (9e) for participants under s. 49.147 (4) (c). The department of workforce development shall subtract that amount from the allocation in subd. 1. and transfer the amount to the appropriation under s. 20.835 (2) (k).

AB100-ASA1, s. 1481 Section 1481. 49.185 (1m) of the statutes is created to read:

AB100-ASA1,807,21 49.185 (1m) Funding. Payments for grants awarded under this section shall be made from the appropriations under s. 20.445 (3) (em) and (md).

AB100-ASA1, s. 1858m Section 1858m. 49.185 (5) of the statutes is amended to read:

AB100-ASA1,807,24 49.185 (5) Applicability. This section applies 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. 1482 Section 1482. 49.19 (10) (a) of the statutes is amended to read:

AB100-ASA1,808,14 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625 or to a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB100-ASA1, s. 1483 Section 1483. 49.19 (10) (d) of the statutes is amended to read:

AB100-ASA1,808,25 49.19 (10) (d) Aid may also be paid under this section to a licensed foster home or, treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

AB100-ASA1, s. 1484 Section 1484. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB100-ASA1,809,6 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (d) (dz) and (p) (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB100-ASA1, s. 1485 Section 1485. 49.19 (19m) of the statutes is created to read:

AB100-ASA1,809,9 49.19 (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this section for a child on whose behalf a payment is made under s. 49.775.

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.