AB100: Bill Text Engrossed

AB100-engrossed,881,11 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-engrossed, s. 1857o Section 1857o. 49.170 of the statutes is created to read:

AB100-engrossed,881,17 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-engrossed,882,2 (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-engrossed,882,7 (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-engrossed,882,10 (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-engrossed, s. 1857p Section 1857p. 49.175 of the statutes is created to read:

AB100-engrossed,882,16 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-engrossed,882,18 (a) Aid to families with dependent children. For benefits under s. 49.19, $28,400,000 in fiscal year 1997-98.

AB100-engrossed,883,4 (b) Subsidized employment. For payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000 in fiscal year 1998-99. Amounts allocated under this paragraph shall include $20,000,000 in each fiscal year for the purposes set forth under s. 49.143 (2) (ep). The department shall establish by rule a method to determine the amount that each Wisconsin works agency must allocate for the activities specified in s. 49.143 (2) (ep). Any moneys that are allocated by a Wisconsin works agency for the activities specified in s. 49.143 (2) (ep) but are not spent by the end of the period specified in the contract between the department and the Wisconsin works agency shall be returned to the department, which shall add the moneys to the allocation under par. (c).

AB100-engrossed,883,7 (bg) Long-term and refugee supplement. For payments to Wisconsin works agencies as a supplement for long-term and refugee cases, $8,200,000 in fiscal year 1997-98 and $9,800,000 in fiscal year 1998-99.

AB100-engrossed,883,10 (bm) Wisconsin works agency office costs. For payments to Wisconsin works agencies for office costs, $104,117,000 in fiscal year 1997-98 and $115,293,800 in fiscal year 1998-99.

AB100-engrossed,883,12 (br) Payments for 2-parent families. For payments under s. 49.15 (4), $735,000 in fiscal year 1997-98 and $1,100,000 in fiscal year 1998-99.

AB100-engrossed,883,16 (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-engrossed,883,18 (d) Job opportunities and basic skills program. For services provided under s. 49.193, $15,079,800 in fiscal year 1997-98.

AB100-engrossed,883,20 (e) County income maintenance administration. For county income maintenance administration, $6,665,600 in fiscal year 1997-98.

AB100-engrossed,883,23 (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-engrossed,883,25 (g) Emergency assistance. For emergency assistance under s. 49.138, $3,300,000 in each fiscal year.

AB100-engrossed,884,2 (h) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in each fiscal year.

AB100-engrossed,884,4 (i) Learnfare case management. For case management services for learnfare pupils under s. 49.26 (2), $2,619,100 in each fiscal year.

AB100-engrossed,884,6 (j) Local learnfare projects. For local projects under the learnfare program under s. 49.26, $450,000 in fiscal year 1997-98.

AB100-engrossed,884,8 (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-engrossed,884,10 (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-engrossed,884,12 (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-engrossed,884,15 (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-engrossed,884,17 (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-engrossed,884,21 (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-engrossed,884,24 (q) Education, training and support services. In counties having a population of 500,000 or more, for the purposes set forth under s. 49.143 (2) (ep), $11,000,000 in fiscal year 1997-98 and $10,000,000 in fiscal year 1998-99.

AB100-engrossed,885,4 (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-engrossed,885,6 (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-engrossed,885,11 (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-engrossed,885,14 (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-engrossed,885,18 (v) Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee, $500,000 in each fiscal year. The department may not distribute funds under this paragraph if the passports for youth program does not comply with P.L. 104-193, section 103.

AB100-engrossed,885,21 (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-engrossed,885,23 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-engrossed,886,2 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-engrossed,886,3 3. `Community aids.' For community aids, $31,800,000 in each fiscal year.

AB100-engrossed,886,6 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-engrossed,886,10 (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-engrossed,886,12 (b) The department may use more than 10% if all of the following conditions are met:

AB100-engrossed,886,13 1. The secretary of administration approves the transfer.

AB100-engrossed,886,21 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-engrossed, s. 1857pm Section 1857pm. 49.175 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,887,2 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-engrossed, 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-engrossed,887,15 49.175 (1) (b) 1. For Except as provided in subd. 2. for payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $155,678,000 in fiscal year 1998-99. Amounts allocated under this paragraph shall include $20,000,000 in each fiscal year for the purposes set forth under s. 49.143 (2) (ep). The department shall establish by rule a method to determine the amount that each Wisconsin works agency must allocate for the activities specified in s. 49.143 (2) (ep). Any moneys that are allocated by a Wisconsin works agency for the activities specified in s. 49.143 (2) (ep) but are not spent by the end of the period specified in the contract between the department and the Wisconsin works agency shall be returned to the department, which shall add the moneys to the allocation under par. (c).

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

AB100-engrossed,887,21 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-engrossed, s. 1858 Section 1858. 49.185 (1m) of the statutes is created to read:

AB100-engrossed,887,24 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-engrossed, s. 1858m Section 1858m. 49.185 (5) of the statutes is amended to read:

AB100-engrossed,888,4 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), or on the first day of the first month beginning after the effective date of this subsection .... [revisor inserts date], whichever is later.

AB100-engrossed, s. 1860 Section 1860. 49.19 (10) (d) of the statutes is amended to read:

AB100-engrossed,888,15 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-engrossed, s. 1861 Section 1861. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB100-engrossed,888,21 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-engrossed, s. 1861d Section 1861d. 49.19 (11s) (d) of the statutes is amended to read:

AB100-engrossed,889,2 49.19 (11s) (d) From the appropriation under s. 20.435 (4) 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).

AB100-engrossed, s. 1862 Section 1862. 49.19 (19m) of the statutes is created to read:

AB100-engrossed,889,5 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-engrossed, s. 1863 Section 1863. 49.19 (20) (b) of the statutes is repealed and recreated to read:

AB100-engrossed,889,7 49.19 (20) (b) Notwithstanding par. (a):

AB100-engrossed,889,12 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-engrossed,889,16 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-engrossed, s. 1864 Section 1864. 49.191 (1) (b) of the statutes is amended to read:

AB100-engrossed,889,25 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-engrossed, s. 1866 Section 1866. 49.193 (10m) of the statutes is amended to read:

AB100-engrossed,890,11 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-engrossed, s. 1866v Section 1866v. 49.195 (1) of the statutes is amended to read:

AB100-engrossed,891,17 49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.148, 49.153, 49.155 or 49.157 or at any time thereafter acquires property by gift, inheritance, sale of assets, court judgment or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works agency granting such a benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the benefit which does not exceed the amount of the property so acquired. The value of the aid or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work experience component under s. 49.193 (6). During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where the aid or benefit recipient is deceased a claim may be filed against any property in his or her estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse or child is dependent on the property for support, and the court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records of aid or benefits paid kept by the county, by the department or by the Wisconsin works agency are prima facie evidence of the value of the aid or benefits furnished. Liability under this section shall extend to any parent or stepparent whose family receives aid under s. 49.19 or benefits under s. 49.148, 49.155 or 49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.

AB100-engrossed, s. 1866x Section 1866x. 49.195 (3) of the statutes is amended to read:

AB100-engrossed,891,21 49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.153, 49.155 or 49.157 and shall promulgate rules establishing policies and procedures to administer this subsection.

AB100-engrossed, s. 1871 Section 1871. 49.197 (1m) of the statutes is amended to read:

AB100-engrossed,892,10 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-engrossed, s. 1872 Section 1872. 49.197 (4) of the statutes is amended to read:

AB100-engrossed,892,18 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-engrossed, s. 1873c Section 1873c. 49.20 (3) of the statutes is amended to read:

AB100-engrossed,892,25 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-engrossed, s. 1873f Section 1873f. 49.20 (5) of the statutes is created to read:

AB100-engrossed,893,4 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-engrossed, s. 1877r Section 1877r. 49.22 (2m) of the statutes is amended to read:

AB100-engrossed,893,14 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-engrossed, s. 1878 Section 1878. 49.22 (2p) of the statutes is amended to read:

AB100-engrossed,893,21 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-engrossed, s. 1878p Section 1878p. 49.22 (6) of the statutes is amended to read:

AB100-engrossed,894,5 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB100-engrossed, s. 1879 Section 1879. 49.22 (7) of the statutes is amended to read:

AB100-engrossed,894,20 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-engrossed, s. 1881 Section 1881. 49.22 (12) of the statutes is created to read: