AB100,814,1915
49.195
(5) Any Wisconsin works agency may retain 15% of benefits distributed
16under s. 49.148, 49.153, 49.155 or 49.157 that are recovered due to the efforts of an
17employe or officer of the Wisconsin works agency. This subsection does not apply to
18recovery of benefits that were provided as a result of error on the part of the
19Wisconsin works agency.
AB100, s. 1871
20Section
1871. 49.197 (1m) of the statutes is amended to read:
AB100,815,821
49.197
(1m) Fraud investigation. From the appropriations under s. 20.445 (3)
22(de) (dz), (L),
(md), (n) and (nL), the department shall establish a program to
23investigate suspected fraudulent activity on the part of recipients of medical
24assistance under subch. IV, aid to families with dependent children under s. 49.19
25and the food stamp program under
7 USC 2011 to
2029 2036 and on the part of
1participants in the Wisconsin works program under ss. 49.141 to 49.161. The
2department's activities under this subsection may include, but are not limited to,
3comparisons of information provided to the department by an applicant and
4information provided by the applicant to other federal, state and local agencies,
5development of an advisory welfare investigation prosecution standard and
6provision of funds to county departments under ss. 46.215, 46.22 and 46.23
and to
7Wisconsin works agencies to encourage activities to detect fraud. The department
8shall cooperate with district attorneys regarding fraud prosecutions.
AB100, s. 1872
9Section
1872. 49.197 (4) of the statutes is amended to read:
AB100,815,1610
49.197
(4) County and tribal error reduction. The department shall provide
11funds from the appropriations under s. 20.445 (3)
(de)
(dz), (L) and (Lm) and federal
12matching funds from the appropriations under s. 20.445 (3)
(md), (n) and (nL) to
13counties and governing bodies of federally recognized American Indian tribes
14administering medical assistance under subch. IV, aid to families with dependent
15children under s. 49.19 or the food stamp program under
7 USC 2011 to
2029 to offset
16administrative costs of reducing payment errors in those programs.
AB100, s. 1874
18Section
1874. 49.22 (2m) of the statutes is renumbered 49.22 (2m) (a) and
19amended to read:
AB100,816,520
49.22
(2m) (a) The department may request from any person
in this state any
21information it determines appropriate and necessary for the administration of this
22section, ss.
49.145, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the
23purposes of
7 USC 2011 to
2029.
Any person in this state Unless access to the
24information is prohibited or restricted by law, the person shall provide this
25information within 7 days after receiving a request under this
subsection paragraph.
1Except as provided in sub. (2p)
and subject to sub. (12), the department or the county
2child
and spousal support agency
under s. 59.53 (5) may disclose information
3obtained under this
subsection paragraph only in the administration of this section,
4ss.
49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of
7 USC
52011 to
2029.
AB100, s. 1875
6Section
1875. 49.22 (2m) (b) of the statutes is created to read:
AB100,816,107
49.22
(2m) (b) The department or county child support agency under s. 59.53
8(5) may issue a subpoena to compel the production of financial information and other
9documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46
10and 49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
AB100, s. 1876
11Section
1876. 49.22 (2m) (c) of the statutes is created to read:
AB100,816,1212
49.22
(2m) (c) A person is not liable to any person for any of the following:
AB100,816,1413
1. Allowing access to financial or other records by the department or a county
14child support agency under s. 59.53 (5) in response to a request under par. (a).
AB100,816,1715
2. Disclosing information from financial or other records to the department or
16a county child support agency under s. 59.53 (5) in response to a request under par.
17(a).
AB100,816,2218
3. Any other action taken in good faith to comply with this section or to comply
19with a request for information or access to records from the department or a county
20child support agency under s. 59.53 (5) in the administration of this section, ss.
2149.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of
7 USC 2011 22to
2029.
AB100, s. 1877
23Section
1877. 49.22 (2m) (d) of the statutes is created to read:
AB100,817,224
49.22
(2m) (d) Any person who fails to respond to or comply with a request
25under par. (a) by the department or a county child support agency under s. 59.53 (5)
1may be required to pay a forfeiture in an amount determined by the department by
2rule.
AB100, s. 1878
3Section
1878. 49.22 (2p) of the statutes is amended to read:
AB100,817,94
49.22
(2p) The Except as provided in sub. (12), the department or a county child
5and spousal support agency
under s. 59.53 (5) may disclose to a parent with legal
6custody of a child, upon the parent's request, the last-known address, and the name
7and address of the last-known employer, of the child's other parent if that other
8parent owes a support obligation to the child and is in arrears in the payment of the
9support.
AB100, s. 1879
10Section
1879. 49.22 (7) of the statutes is amended to read:
AB100,817,2411
49.22
(7) The department may represent the state in any action to establish
12paternity or to establish or enforce a support or maintenance obligation. The
13department may delegate its authority to represent the state in any action to
14establish paternity or to establish or enforce a support or maintenance obligation
15under this section to an attorney responsible for support enforcement under s. 59.53
16(6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall
17ensure that any such contract is for an amount reasonable and necessary to assure
18quality service. The department may, by such a contract, authorize a county to
19contract with any attorney, collection agency or other person to collect unpaid child
20support or maintenance. If a county fails to fully implement the programs under s.
2159.53 (5), the department may implement them and may contract with any
22appropriate person to obtain necessary services. The department shall establish a
23formula for disbursing funds appropriated under s. 20.445 (3)
(p) (md) to carry out
24a contract under this subsection.
AB100, s. 1880
25Section
1880. 49.22 (7g) of the statutes is created to read:
AB100,818,1
149.22
(7g) The department shall provide all of the following:
AB100,818,42
(a) Training to hospital staff members concerning the form that is prescribed
3by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and
4benefits of establishing paternity.
AB100,818,65
(b) The written information that is required to be provided to parents under s.
669.14 (1) (cm).
AB100, s. 1881
7Section
1881. 49.22 (12) of the statutes is created to read:
AB100,818,108
49.22
(12) The department or a county child and spousal support agency may
9not release information to a person about the whereabouts of a person who is
10receiving services under this section if any of the following applies:
AB100,818,1511
(a) The person seeking the information is subject to a temporary restraining
12order or injunction under s. 813.12, 813.122, 813.123, 813.125 or 813.127 with
13respect to the person who is receiving services under this section; and the
14department or county child and spousal support agency has notice of the temporary
15restraining order or injunction.
AB100,818,1816
(b) The department or county child and spousal support agency has reason to
17believe that releasing the information may result in physical or emotional harm to
18the person who is receiving services under this section.
AB100, s. 1882
19Section
1882. 49.225 of the statutes is created to read:
AB100,818,21
2049.225 Ordering genetic tests. (1) In this section, "genetic test" has the
21meaning given in s. 767.001 (1m).
AB100,819,3
22(2) (a) A county child support agency under s. 59.53 (5) may require, by
23subpoena or otherwise, a child, the child's mother and a male alleged, or alleging
24himself, to be the child's father to submit to genetic tests if there is probable cause
25to believe that the male had sexual intercourse with the child's mother during a
1possible time of the child's conception. Probable cause of sexual intercourse during
2a possible time of conception may be established by a sufficient affidavit of the child's
3mother or the male alleged, or alleging himself, to be the child's father.
AB100,819,74
(b) If there is only one male alleged, or alleging himself, to be the father and
5one or more persons required to submit to genetic tests under par. (a) fail to appear
6for the scheduled tests, the county child support agency under s. 59.53 (5) shall bring
7an action under s. 767.45 for determining the paternity of the child.
AB100,819,9
8(3) The fees and costs for genetic tests performed on any person required to
9submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:
AB100,819,1310
(a) The county may seek reimbursement from either the mother or male
11alleged, or alleging himself, to be the father, or from both, if the test results show that
12the male is not excluded as the father and that the statistical probability of the male's
13parentage is 99.0% or higher.
AB100,819,1814
(b) If 2 or more identical series of genetic tests are performed upon the same
15person, the county child support agency under s. 59.53 (5) shall require the person
16requesting the 2nd or subsequent series of tests to pay for the tests in advance. If
17the person requesting the 2nd or subsequent series of tests is indigent, the county
18shall pay for the tests and may seek reimbursement from the person.
AB100, s. 1883
19Section
1883. 49.25 (3) (a) 8. of the statutes is amended to read:
AB100,819,2220
49.25
(3) (a) 8. A man who has been adjudicated
or who has acknowledged
21himself to be the father of a child of a woman subject to the program under this
22section under subd. 1., 2. or 3., if the man is living with the woman.
AB100, s. 1884
23Section
1884. 49.26 (1) (a) 2. d. of the statutes is amended to read:
AB100,820,3
149.26
(1) (a) 2. d. A course of study meeting the standards established by the
2secretary of education state superintendent of public instruction under s. 115.29 (4)
3for the granting of a declaration of equivalency of high school graduation.
AB100, s. 1885
4Section
1885. 49.26 (1) (d) of the statutes is amended to read:
AB100,820,125
49.26
(1) (d) A county department that provides services under this subsection
6directly shall develop a plan, in coordination with the school districts located in
7whole or in part in the county, describing the assistance that the county department
8and school districts will provide to individuals receiving services under this
9subsection, the number of individuals that will be served and the estimated cost of
10the services. The county department shall submit the plan to the department of
11industry, labor and job development and the department of
education public
12instruction by August 15, annually.
AB100, s. 1886
13Section
1886. 49.26 (1) (e) of the statutes is amended to read:
AB100,820,2314
49.26
(1) (e) For an individual who is a recipient of aid under s. 49.19, or whose
15custodial parent is a participant under s. 49.147 (3) to (5), who is the parent with
16whom a dependent child lives and who is
either subject to the school attendance
17requirement under par. (ge)
or is under 20 years of age and wants to attend school,
18the department shall make a monthly payment to the individual or the child care
19provider for the month's child care costs in an amount based on need with the
20maximum amount per child equal to the lesser of the actual cost of the care or the
21rate established under s. 49.155 (6) if the individual demonstrates the need to
22purchase child care services in order to attend school and those services are available
23from a child care provider.
AB100, s. 1887
24Section
1887. 49.26 (1) (g) 1. of the statutes is amended to read:
AB100,821,4
149.26
(1) (g) 1. Before the first day of the fall 1994 school term, as defined in
2s. 115.001 (12), the individual is 13 to
19 17 years of age. Beginning on the first day
3of the fall 1997 school term, as defined in s. 115.001 (12), the individual is 6 to
19 17 4years of age.
AB100, s. 1888
5Section
1888. 49.26 (1) (h) 1m. (intro.) of the statutes is amended to read:
AB100,821,86
49.26
(1) (h) 1m. (intro.) An individual who is 13 to
19 17 years of age and who
7fails to meet the school attendance requirement under par. (ge) is subject to sanctions
8as provided under subd. 1s. only if all of the following apply:
AB100, s. 1889
9Section
1889. 49.26 (2) (b) of the statutes is amended to read:
AB100,821,2210
49.26
(2) (b) From the
appropriation
appropriations under s. 20.445 (3)
(dg) (dz)
11and (md), the department shall allocate funds to county departments for the
12provision of case management services to individuals who are subject to the school
13attendance requirement under the learnfare program under sub. (1) and their
14families to improve the school attendance and achievement of those individuals. At
15least 75% of the funds that the department allocates under this paragraph to provide
16case management services to individuals who are 13 to
19 17 years of age shall be
17allocated to a county department of a county with a population of 500,000 or more.
18A county department is eligible to receive funds under this subsection to provide case
19management services to individuals who are 13 to
19
17 years of age in a year if 35
20or more individuals, 13 to
19 17 years of age, residing in the county were sanctioned
21under sub. (1) (h) or were subject to the monthly attendance requirement under s.
22HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.
AB100, s. 1890
23Section
1890. 49.27 (5) (e) 5. of the statutes is amended to read:
AB100,822,524
49.27
(5) (e) 5. A person in need of a high school diploma shall be assigned to
25a course of study meeting the standards established by the
secretary of education
1state superintendent of public instruction for the granting of a declaration of
2equivalency of high school graduation unless the person demonstrates a basic
3literacy level or the employability plan for the individual identifies a long-term
4employment goal that does not require a high school diploma or a declaration of
5equivalency.
AB100, s. 1892
7Section
1892. 49.27 (11) (i) of the statutes is amended to read:
AB100,822,98
49.27
(11) (i) Provide transitional child care services under sub. (6)
, and shelter
9payments under sub. (7)
and transitional medical assistance coverage under sub. (8).
AB100, s. 1893
10Section
1893. 49.30 (2) of the statutes is amended to read:
AB100,822,1911
49.30
(2) The state From the appropriation under s. 20.445 (3) (dz), the
12department shall reimburse a county or applicable tribal governing body or
13organization for any amount that the county or applicable tribal governing body or
14organization is required to pay under sub. (1).
The state From the appropriation
15under s. 20.445 (3) (dz), the department shall reimburse a county or applicable tribal
16governing body or organization for cemetery expenses or for funeral and burial
17expenses for persons described under sub. (1) that the county or applicable tribal
18governing body or organization is not required to pay under subs. (1) and (1m) only
19if the department approves the reimbursement due to unusual circumstances.
AB100, s. 1894
20Section
1894. 49.32 (8) of the statutes is amended to read:
AB100,823,521
49.32
(8) Periodic earnings check by department. The department shall make
22a periodic check of the amounts earned by recipients of aid to families with dependent
23children under s. 49.19
and by participants under Wisconsin works under ss. 49.141
24to 49.161 through a check of the amounts credited to the recipient's social security
25number. The department shall make an investigation into any discrepancy between
1the amounts credited to a social security number and amounts reported as income
2on the declaration application and take appropriate action under s. 49.95 when
3warranted. The department shall use the state wage reporting system under
1985
4Wisconsin Act 17, section
65 (1), when the system is implemented, to make periodic
5earnings checks.
AB100, s. 1895
6Section
1895. 49.32 (9) (a) of the statutes is amended to read:
AB100,823,177
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
8administering aid to families with dependent children shall maintain a monthly
9report at its office showing the names of all persons receiving
such aid
to families
10with dependent children together with the amount paid during the preceding month.
11Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to
1249.161 shall maintain a monthly report at its office showing the names
and addresses 13of all persons receiving benefits under s. 49.148 together with the amount paid
14during the preceding month. Nothing in this paragraph shall be construed to
15authorize or require the disclosure in the report of any information (names, amounts
16of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children
17in foster homes or treatment foster homes under s.
42.261 46.261 or 49.19 (10).
AB100, s. 1896
18Section
1896. 49.32 (9) (b) of the statutes is amended to read:
AB100,824,1819
49.32
(9) (b) The report under par. (a) shall be open to public inspection at all
20times during regular office hours and may be destroyed after the next succeeding
21report becomes available. Any person except any public officer, seeking permission
22to inspect such report shall be required to prove his or her identity and to sign a
23statement setting forth his or her address and the reasons for making the request
24and indicating that he or she understands the provisions of par. (c) with respect to
25the use of the information obtained. The use of a fictitious name is a violation of this
1section.
or Wisconsin works agency Within 7 days after the record is inspected, or
2on the next regularly scheduled communication with that person, whichever is
3sooner, the
county department
or Wisconsin works agency shall notify each person
4whose name and amount of aid was inspected that the record was inspected and of
5the name and address of the person making such inspection. County departments
6under ss. 46.215
and, 46.22
and 46.23 administering aid to families with dependent
7children
and Wisconsin works agencies administering Wisconsin works under ss.
849.141 to 49.161 may withhold the right to inspect the name of and amount paid to
9recipients from private individuals who are not inspecting this information for
10purposes related to public, educational, organizational, governmental or research
11purposes until the person whose record is to be inspected is notified by the county
12department
or Wisconsin works agency, but in no case may the
county department
13or Wisconsin works agency withhold this information for more than 5 working days.
14The county department or Wisconsin works agency shall keep a record of such
15requests. The record shall indicate the name, address, employer and telephone
16number of the person making the request. If the person refuses to provide his or her
17name, address, employer and telephone number, the request to inspect this
18information may be denied.
AB100, s. 1897
19Section
1897. 49.32 (10) (a) (intro.) of the statutes is amended to read:
AB100,824,2420
49.32
(10) (a) (intro.) Each county department under s. 46.215
or, 46.22
or 46.23 21may release the current address of a recipient of
food stamps or of aid under s. 49.19,
22and each Wisconsin works agency may release the current address of a
recipient of
23food stamps or of a participant in Wisconsin works under ss. 49.141 to 49.161, to a
24law enforcement officer if the officer meets all of the following conditions:
AB100, s. 1898
25Section
1898. 49.32 (10) (a) 1. of the statutes is amended to read:
AB100,825,2
149.32
(10) (a) 1. The officer provides, in writing, the name
and social security
2number of the recipient
or participant.
AB100, s. 1899
3Section
1899. 49.32 (10) (a) 2. a. of the statutes is amended to read:
AB100,825,74
49.32
(10) (a) 2. a. That the recipient
or participant is a fugitive felon under
42
5USC 602 608 (a) (9)
, is violating a condition of probation, parole or community
6supervision imposed under state or federal law or has information that is necessary
7for the officer to conduct the official duties of the officer.
AB100, s. 1900
8Section
1900. 49.32 (10) (a) 2. b. of the statutes is amended to read:
AB100,825,109
49.32
(10) (a) 2. b. That the location or apprehension of the
felon recipient or
10participant under subd. 2. a. is within the official duties of the officer.
AB100, s. 1901
11Section
1901. 49.33 (2) of the statutes is amended to read:
AB100,825,2012
49.33
(2) Contracts. County departments under ss. 46.215, 46.22 and 46.23
13shall annually enter into a contract with the department detailing the reasonable
14cost of administering the income maintenance programs and the food stamp program
15under
7 USC 2011 to
2029 when so appointed by the department. Contracts created
16under this section control the distribution of payments under s. 20.445 (3)
(de) (dz),
17(md) and (nL) in accordance with the reimbursement method established under sub.
18(8). The department may reduce its payment to any county under s. 20.445 (3)
(de) 19(dz), (md) and (nL) if federal reimbursement is withheld due to audits, quality control
20samples or program reviews.
AB100, s. 1902
21Section
1902. 49.33 (8) (a) of the statutes is amended to read:
AB100,826,322
49.33
(8) (a) The department shall reimburse each county for reasonable costs
23of income maintenance relating to the administration of the programs under this
24subchapter and subch. IV according to a formula based on workload within the limits
25of available state and federal funds under s. 20.445 (3)
(de), (dz)
, (md) and (nL) by
1contract under s. 49.33 (2). The amount of reimbursement calculated under this
2paragraph and par. (b) is in addition to any reimbursement provided to a county for
3fraud and error reduction under s. 49.197 (1m) and (4).
AB100, s. 1903
4Section
1903. 49.33 (9) of the statutes is amended to read:
AB100,826,85
49.33
(9) Reimbursement for income maintenance benefits. The department
6shall reimburse each county from the appropriations under s. 20.445 (3)
(d) (dz) and
7(p) (md) for 100% of the cost of aid to families with dependent children granted under
8s. 49.19 and for funeral expenses paid for recipients of aid under s. 49.30.
AB100, s. 1904
9Section
1904. 49.36 (2) of the statutes is amended to read:
AB100,826,1710
49.36
(2) The department may contract with any county
or with a Wisconsin
11works agency to administer a work experience and job
training search program for
12parents who are not custodial parents and who fail to pay child support or to meet
13their children's needs for support as a result of unemployment or underemployment.
14The program may provide the kinds of work experience
and job training services 15available from the program under s. 49.193 or 49.147
(3) or (4). The program may
16also include job search
and job orientation activities. The department shall fund the
17program from the appropriation under s. 20.445 (3)
(df) (dz).
AB100, s. 1905
18Section
1905. 49.45 (2) (a) 3. of the statutes is amended to read:
AB100,826,2219
49.45
(2) (a) 3. Determine the eligibility of persons for medical assistance,
20rehabilitative and social services under ss. 49.46, 49.468 and 49.47 and rules and
21policies adopted by the department and may designate this function to the county
22department under s. 46.215
or, 46.22
or 46.23 or to a Wisconsin works agency.