AB100: Bill Text

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

AB100,812,16 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, s. 1867 Section 1867. 49.195 (1) of the statutes is amended to read:

AB100,813,22 49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.132, 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. 49.132, 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, s. 1868 Section 1868. 49.195 (3) of the statutes is amended to read:

AB100,814,6 49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19 49.132, 49.148, 49.153, 49.155 or, 49.157 or 49.19 and shall promulgate rules establishing policies and procedures to administer this subsection. Any county, governing body of a federally recognized American Indian tribe or Wisconsin works agency may retain 15% of benefits distributed under s. 49.132 or 49.155 that are recovered due to the efforts of an employe or officer of the county, tribe or W-2 agency, unless the benefits were provided as a result of state, county, tribal governing body or Wisconsin works agency error.

AB100, s. 1869 Section 1869. 49.195 (4) of the statutes is amended to read:

AB100,814,13 49.195 (4) Any county or, governing body of a federally recognized American Indian tribe or Wisconsin works agency may retain 15% of benefits distributed under s. 49.19 that are recovered due to the efforts of an employe or officer of the county or, tribe or Wisconsin works agency. This subsection does not apply to recovery of benefits that were provided as a result of state, county or , tribal governing body or Wisconsin works agency error.

AB100, s. 1870 Section 1870. 49.195 (5) of the statutes is created to read:

AB100,814,19 49.195 (5) Any Wisconsin works agency may retain 15% of benefits distributed under s. 49.148, 49.153, 49.155 or 49.157 that are recovered due to the efforts of an employe or officer of the Wisconsin works agency. This subsection does not apply to recovery of benefits that were provided as a result of error on the part of the Wisconsin works agency.

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

AB100,815,8 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, s. 1872 Section 1872. 49.197 (4) of the statutes is amended to read:

AB100,815,16 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, s. 1873 Section 1873. 49.20 of the statutes is repealed.

AB100, s. 1874 Section 1874. 49.22 (2m) of the statutes is renumbered 49.22 (2m) (a) and amended to read:

AB100,816,5 49.22 (2m) (a) The department may request from any person in this state any information it determines appropriate and necessary for the administration of this section, ss. 49.145, 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 Unless access to the information is prohibited or restricted by law, the person shall provide this information within 7 days after receiving a request under this subsection paragraph. 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 paragraph only in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100, s. 1875 Section 1875. 49.22 (2m) (b) of the statutes is created to read:

AB100,816,10 49.22 (2m) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100, s. 1876 Section 1876. 49.22 (2m) (c) of the statutes is created to read:

AB100,816,12 49.22 (2m) (c) A person is not liable to any person for any of the following:

AB100,816,14 1. Allowing access to financial or other records by the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a).

AB100,816,17 2. Disclosing information from financial or other records to the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a).

AB100,816,22 3. Any other action taken in good faith to comply with this section or to comply with a request for information or access to records from the department or a county child support agency under s. 59.53 (5) in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100, s. 1877 Section 1877. 49.22 (2m) (d) of the statutes is created to read:

AB100,817,2 49.22 (2m) (d) Any person who fails to respond to or comply with a request under par. (a) by the department or a county child support agency under s. 59.53 (5) may be required to pay a forfeiture in an amount determined by the department by rule.

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

AB100,817,9 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, s. 1879 Section 1879. 49.22 (7) of the statutes is amended to read:

AB100,817,24 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, s. 1880 Section 1880. 49.22 (7g) of the statutes is created to read:

AB100,818,1 49.22 (7g) The department shall provide all of the following:

AB100,818,4 (a) Training to hospital staff members concerning the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and benefits of establishing paternity.

AB100,818,6 (b) The written information that is required to be provided to parents under s. 69.14 (1) (cm).

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

AB100,818,10 49.22 (12) The department or a county child and spousal support agency may not release information to a person about the whereabouts of a person who is receiving services under this section if any of the following applies:

AB100,818,15 (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 who is receiving services under this section; and the department or county child and spousal support agency has notice of the temporary restraining order or injunction.

AB100,818,18 (b) The department or county child and spousal support agency has reason to believe that releasing the information may result in physical or emotional harm to the person who is receiving services under this section.

AB100, s. 1882 Section 1882. 49.225 of the statutes is created to read:

AB100,818,21 49.225 Ordering genetic tests. (1) In this section, "genetic test" has the meaning given in s. 767.001 (1m).

AB100,819,3 (2) (a) A county child support agency under s. 59.53 (5) may require, by subpoena or otherwise, a child, the child's mother and a male alleged, or alleging himself, to be the child's father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child's mother during a possible time of the child's conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child's mother or the male alleged, or alleging himself, to be the child's father.

AB100,819,7 (b) If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) shall bring an action under s. 767.45 for determining the paternity of the child.

AB100,819,9 (3) The fees and costs for genetic tests performed on any person required to submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:

AB100,819,13 (a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father, or from both, if the test results show that the male is not excluded as the father and that the statistical probability of the male's parentage is 99.0% or higher.

AB100,819,18 (b) If 2 or more identical series of genetic tests are performed upon the same person, the county child support agency under s. 59.53 (5) shall require the person requesting the 2nd or subsequent series of tests to pay for the tests in advance. If the person requesting the 2nd or subsequent series of tests is indigent, the county shall pay for the tests and may seek reimbursement from the person.

AB100, s. 1883 Section 1883. 49.25 (3) (a) 8. of the statutes is amended to read:

AB100,819,22 49.25 (3) (a) 8. A man who has been adjudicated or who has acknowledged himself to be the father of a child of a woman subject to the program under this section under subd. 1., 2. or 3., if the man is living with the woman.

AB100, s. 1884 Section 1884. 49.26 (1) (a) 2. d. of the statutes is amended to read:

AB100,820,3 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, s. 1885 Section 1885. 49.26 (1) (d) of the statutes is amended to read:

AB100,820,12 49.26 (1) (d) A county department that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department shall submit the plan to the department of industry, labor and job development and the department of education public instruction by August 15, annually.

AB100, s. 1886 Section 1886. 49.26 (1) (e) of the statutes is amended to read:

AB100,820,23 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, s. 1887 Section 1887. 49.26 (1) (g) 1. of the statutes is amended to read:

AB100,821,4 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, s. 1888 Section 1888. 49.26 (1) (h) 1m. (intro.) of the statutes is amended to read:

AB100,821,8 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, s. 1889 Section 1889. 49.26 (2) (b) of the statutes is amended to read:

AB100,821,22 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, s. 1890 Section 1890. 49.27 (5) (e) 5. of the statutes is amended to read:

AB100,822,5 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, s. 1891 Section 1891. 49.27 (8) of the statutes is repealed.

AB100, s. 1892 Section 1892. 49.27 (11) (i) of the statutes is amended to read:

AB100,822,9 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, s. 1893 Section 1893. 49.30 (2) of the statutes is amended to read:

AB100,822,19 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, s. 1894 Section 1894. 49.32 (8) of the statutes is amended to read:

AB100,823,5 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, s. 1895 Section 1895. 49.32 (9) (a) of the statutes is amended to read:

AB100,823,17 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, s. 1896 Section 1896. 49.32 (9) (b) of the statutes is amended to read:

AB100,824,18 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, s. 1897 Section 1897. 49.32 (10) (a) (intro.) of the statutes is amended to read:

AB100,824,24 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 recipient of food stamps or of a participant in Wisconsin works under ss. 49.141 to 49.161, to a law enforcement officer if the officer meets all of the following conditions:

AB100, s. 1898 Section 1898. 49.32 (10) (a) 1. of the statutes is amended to read:

AB100,825,2 49.32 (10) (a) 1. The officer provides, in writing, the name and social security number of the recipient or participant.

AB100, s. 1899 Section 1899. 49.32 (10) (a) 2. a. of the statutes is amended to read:

AB100,825,7 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, parole or community supervision imposed under state or federal law or has information that is necessary for the officer to conduct the official duties of the officer.

AB100, s. 1900 Section 1900. 49.32 (10) (a) 2. b. of the statutes is amended to read:

AB100,825,10 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, s. 1901 Section 1901. 49.33 (2) of the statutes is amended to read:

AB100,825,20 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, s. 1902 Section 1902. 49.33 (8) (a) of the statutes is amended to read: