SB44, s. 1259
17Section
1259. 49.175 (1) (g) of the statutes is amended to read:
SB44,581,2018
49.175
(1) (g)
State administration of public assistance programs. For state
19administration of public assistance programs,
$24,680,700 in fiscal year 2001-02
20and $24,693,200 $18,552,100 in
each fiscal year
2002-03.
SB44, s. 1260
21Section
1260. 49.175 (1) (h) of the statutes is repealed.
SB44, s. 1261
22Section
1261. 49.175 (1) (i) of the statutes is amended to read:
SB44,581,2423
49.175
(1) (i)
Emergency assistance. For emergency assistance under s. 49.138,
24$3,300,000 $4,500,000 in each fiscal year.
SB44, s. 1262
25Section
1262. 49.175 (1) (j) of the statutes is repealed.
SB44, s. 1263
1Section
1263. 49.175 (1) (n) of the statutes is amended to read:
SB44,582,32
49.175
(1) (n)
Job access loans. For job access loans under s. 49.147 (6),
3$600,000 $200,000 in each fiscal year.
SB44, s. 1264
4Section
1264
. 49.175 (1) (n) of the statutes, as affected by 2003 Wisconsin Act
5.... (this act), is amended to read:
SB44,582,76
49.175
(1) (n)
Job access loans. For job access loans under s.
49.147 (6) 49.1471,
7$200,000 in each fiscal year.
SB44, s. 1265
8Section
1265. 49.175 (1) (p) of the statutes is amended to read:
SB44,582,119
49.175
(1) (p)
Direct child care services. For direct child care services under s.
1049.155,
$274,500,000 $293,634,300 in fiscal year
2001-02 2003-04 and
11$305,550,000 $291,385,000 in fiscal year
2002-03 2004-05.
SB44, s. 1266
12Section
1266. 49.175 (1) (q) of the statutes is amended to read:
SB44,582,1513
49.175
(1) (q)
Indirect child care services. For indirect child care services under
14s. 49.155 (1g),
$24,293,900 $6,859,400 in fiscal year
2001-02 2003-04 and
15$15,458,000 $6,926,700 in fiscal year
2002-03 2004-05.
SB44, s. 1267
16Section
1267. 49.175 (1) (qm) of the statutes is amended to read:
SB44,582,1917
49.175
(1) (qm)
Local pass-through grant program. For the local pass-through
18grant program under s. 49.137 (4m),
$25,210,800 in fiscal year 2001-02 and
19$17,253,200 $4,395,500 in
each fiscal year
2002-03.
SB44, s. 1268
20Section
1268. 49.175 (1) (r) of the statutes is amended to read:
SB44,582,2321
49.175
(1) (r)
Early childhood excellence initiative. For grants under s. 49.1375,
22$11,395,900 in fiscal year 2001-02 and $2,750,000
$2,500,000 in
each fiscal year
232002-03.
SB44, s. 1269
24Section
1269. 49.175 (1) (u) of the statutes is amended to read:
SB44,583,3
149.175
(1) (u)
Workforce attachment and advancement program. For services
2specified under s. 49.173,
$9,641,000 in fiscal year 2001-02 and $7,842,200 3$2,000,000 in
each fiscal year
2002-03.
SB44, s. 1270
4Section
1270. 49.175 (1) (v) of the statutes is repealed.
SB44, s. 1271
5Section
1271. 49.175 (1) (y) of the statutes is repealed.
SB44, s. 1272
6Section
1272. 49.175 (1) (z) of the statutes is amended to read:
SB44,583,127
49.175
(1) (z)
Community youth grant Grants to the Boys and Girls Clubs of
8America. For
a competitive grant program administered by the department grants
9to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs
10that improve social, academic, and employment skills of youth who are eligible to
11receive temporary assistance for needy families under
42 USC 601 et seq.,
12$7,829,700 in fiscal year 2001-02 and $300,000
in each fiscal year
2002-03.
SB44, s. 1273
13Section
1273. 49.175 (1) (zd) of the statutes is repealed.
SB44, s. 1274
14Section
1274. 49.175 (1) (ze) 1. of the statutes is amended to read:
SB44,583,1715
49.175
(1) (ze) 1. `Kinship care and long-term kinship care assistance.' For the
16kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and
17(3p),
$24,852,600 $24,155,700 in each fiscal year.
SB44, s. 1275
18Section
1275. 49.175 (1) (ze) 2. of the statutes is amended to read:
SB44,583,2219
49.175
(1) (ze) 2. `Children of recipients of supplemental security income.' For
20payments made under s. 49.775 for the support of the dependent children of
21recipients of supplemental security income,
$20,145,000 $20,883,700 in fiscal year
222001-02 2003-04 and
$19,796,000 $19,969,800 in fiscal year
2002-03 2004-05.
SB44, s. 1276
23Section
1276. 49.175 (1) (ze) 6. of the statutes is repealed.
SB44, s. 1277
24Section
1277. 49.175 (1) (ze) 7. of the statutes is repealed.
SB44, s. 1278
25Section
1278. 49.175 (1) (ze) 8. of the statutes is amended to read:
SB44,584,2
149.175
(1) (ze) 8. `Domestic abuse services grants.' For the domestic abuse
2services grants under s. 46.95 (2),
$1,000,000 $750,000 in each fiscal year.
SB44, s. 1279
3Section
1279. 49.175 (1) (ze) 9. of the statutes is repealed.
SB44, s. 1280
4Section
1280. 49.175 (1) (ze) 12. of the statutes is created to read:
SB44,584,85
49.175
(1) (ze) 12. `Milwaukee and statewide child welfare administration.' For
6the costs associated with the Milwaukee child welfare information system and the
7Wisconsin statewide automated child welfare information system, $1,695,700 in
8fiscal year 2003-04 and $1,741,300 in fiscal year 2004-05.
SB44, s. 1281
9Section
1281. 49.175 (1) (zf) of the statutes is repealed.
SB44, s. 1282
10Section
1282. 49.175 (1) (zg) of the statutes is repealed.
SB44, s. 1283
11Section
1283. 49.175 (1) (zh) of the statutes is amended to read:
SB44,584,1612
49.175
(1) (zh)
Taxable years 1999 and thereafter. For the transfer of moneys
13from the appropriation account under s. 20.445 (3) (md) to the appropriation account
14under s. 20.835 (2) (kf) for the earned income tax credit,
$51,244,500 $57,892,000 in
15fiscal year
2001-02 2003-04 and
$55,160,000 $50,300,000 in fiscal year
2002-03 162004-05.
SB44, s. 1284
17Section
1284. 49.175 (1) (zj) of the statutes is amended to read:
SB44,584,2018
49.175
(1) (zj)
Head start Start. For the transfer of moneys to the department
19of public instruction for
head start Head Start agencies,
$3,712,500 $3,500,000 in
20each fiscal year.
SB44, s. 1285
21Section
1285. 49.175 (1) (zk) of the statutes is repealed.
SB44, s. 1286
22Section
1286. 49.179 of the statutes is repealed.
SB44, s. 1287
23Section
1287. 49.19 (3) (b) of the statutes is amended to read:
SB44,585,624
49.19
(3) (b) If the county department under s. 46.215 or 46.22 finds a person
25eligible for aid under this section, that county department shall, on a form to be
1prescribed by the department, direct the payment of such aid by order upon the
state
2treasurer secretary of administration. Payment of aid shall be made monthly, based
3on a calendar month or fiscal month as defined by the department; except that the
4director of the county department may, in his or her discretion for the purpose of
5protecting the public, direct that the monthly allowance be paid in accordance with
6sub. (5) (c).
SB44, s. 1288
7Section
1288. 49.19 (5) (d) of the statutes is amended to read:
SB44,585,108
49.19
(5) (d) The department shall reimburse the county for the funeral, burial
, 9and cemetery expenses of a dependent child or the child's parents as provided in s.
1049.30 49.785.
SB44, s. 1289
11Section
1289. 49.19 (14) (b) of the statutes is amended to read:
SB44,585,1812
49.19
(14) (b) If the
state treasurer
secretary of administration is unable to
13issue a replacement check or draft requested under par. (a) because the original has
14been paid, the department shall promptly authorize the issuance of a replacement
15check or draft. If the
state treasurer secretary of administration recovers the amount
16of the original check or draft that amount shall be returned to the department. If the
17state treasurer secretary of administration is unable to obtain recovery, the
18department may pursue recovery.
SB44, s. 1290
19Section
1290. 49.195 (title) of the statutes is amended to read:
SB44,585,21
2049.195 (title)
Recovery of aid to families with dependent children and
21Wisconsin works benefits Works payments.
SB44, s. 1291
22Section
1291. 49.195 (1) of the statutes is amended to read:
SB44,587,423
49.195
(1) If any parent at the time of receiving aid under s. 49.19
, a stipend
24under s. 49.147 (3m) (g), or a benefit under s. 49.148, 49.155
, or 49.157
, or at any time
25thereafter
, acquires property by gift, inheritance, sale of assets, court judgment
, or
1settlement of any damage claim, or by winning a lottery or prize, the county granting
2such aid, or the Wisconsin
works Works agency granting such a
stipend or benefit,
3may sue the parent on behalf of the department to recover the value of that portion
4of the aid
or of the, stipend, or benefit
which that does not exceed the amount of the
5property so acquired. The value of the aid
, stipend, or benefit liable for recovery
6under this section may not include the value of work performed by a member of the
7family in a community work experience program under s. 46.215 (1) (o), 1991 stats.,
8s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work
9experience component under s. 49.193 (6), 1997 stats. During the life of the parent,
10the 10-year statute of limitations may be pleaded in defense against any suit for
11recovery under this section; and if such property is his or her homestead it shall be
12exempt from execution on the judgment of recovery until his or her death or sale of
13the property, whichever occurs first. Notwithstanding the foregoing restrictions and
14limitations,
where if the aid
, stipend, or benefit recipient is deceased
, a claim may
15be filed against any property in his or her estate and the statute of limitations
16specified in s. 859.02 shall be exclusively applicable. The court may refuse to render
17judgment or allow the claim in any case where a parent, spouse
, or child is dependent
18on the property for support, and the court in rendering judgment shall take into
19account the current family budget requirement as fixed by the U.S. department of
20labor for the community or as fixed by the authorities of the community in charge of
21public assistance. The records of aid
, stipend, or benefits paid kept by the county, by
22the department
, or by the Wisconsin
works Works agency are prima facie evidence
23of the value of the aid
, stipend, or benefits
furnished paid. Liability under this
24section shall extend to any parent or stepparent whose family receives aid under s.
2549.19
, a stipend under s. 49.147 (3m) (g), or benefits under s. 49.148, 49.155
, or
149.157 during the period that he or she is a member of the same household, but his
2or her liability is limited to such period. This section does not apply to medical and
3health assistance payments for which recovery is prohibited or restricted by federal
4law or regulation.
SB44, s. 1292
5Section
1292. 49.195 (3) of the statutes is amended to read:
SB44,587,186
49.195
(3) A county, tribal governing body,
or Wisconsin
works Works agency
7or the department shall determine whether an overpayment has been made under
8s.
49.19 49.147 (3m) (g), 49.148, 49.155
or, 49.157
, or 49.19 and, if so, the amount of
9the overpayment. The county, tribal governing body,
or Wisconsin
works Works 10agency or
the department shall provide notice of the overpayment to the liable
11person. The department shall give that person an opportunity for a review following
12the procedure specified under s. 49.152, if the person received the overpayment
13under s. 49.141 to 49.161, and for a hearing under ch. 227. Notwithstanding s. 49.96,
14the department shall promptly recover all overpayments made under s.
49.19 49.147
15(3m) (g), 49.148, 49.155
or, 49.157
, or 49.19 that have not already been received under
16s. 49.161 or 49.19 (17) and shall promulgate rules establishing policies and
17procedures to administer this subsection. The rules shall include notification
18procedures similar to those established for child support collections.
SB44, s. 1293
19Section
1293. 49.22 (6) of the statutes is amended to read:
SB44,588,320
49.22
(6) The department shall establish, pursuant to federal and state laws,
21rules
, and regulations, a uniform system of fees for services provided under this
22section to individuals not receiving aid under s. 46.261, 49.19
, or 49.47;
stipends
23under s. 49.147 (3m) (g); benefits
or wages under s. 49.148, 49.155, or 49.79; foster
24care maintenance payments under
42 USC 670 to
679a; or kinship care payments
25under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The
1system of fees may take into account an individual's ability to pay. Any fee paid and
2collected under this subsection may be retained by the county providing the service
3except for the fee specified in
42 USC 653 (e) (2) for federal parent locator services.
SB44, s. 1294
4Section
1294
. 49.22 (7m) of the statutes is amended to read:
SB44,588,165
49.22
(7m) The department may contract with or employ a collection agency
6or other person to enforce a support obligation of a parent who is delinquent in
7making support payments and may contract with or employ an attorney to appear
8in an action in state or federal court to enforce such an obligation. To pay for the
9department's administrative costs of implementing this subsection, the department
10may charge a fee to counties,
retain up to 50% of any incentive payment made to this
11state under 42 USC 658 for a collection under this subsection, and retain use federal
12matching funds or funds retained by the department under s. 49.24 (2) (c), or use up
13to 30% of this state's share of a collection made under this subsection on behalf of a
14recipient of aid to families with dependent children or a recipient of kinship care
15payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57
16(3n).
SB44, s. 1295
17Section
1295
. 49.22 (7m) of the statutes, as affected by 2003 Wisconsin Act ....
18(this act), is amended to read:
SB44,589,319
49.22
(7m) The department may contract with or employ a collection agency
20or other person to enforce a support obligation of a parent who is delinquent in
21making support payments and may
contract with or employ retain an attorney to
22appear in an action in state or federal court to enforce such an obligation. To pay for
23the department's administrative costs of implementing this subsection, the
24department may charge a fee to counties, use federal matching funds or funds
25retained by the department under s. 49.24 (2) (c), or use up to 30% of this state's share
1of a collection made under this subsection on behalf of a recipient of aid to families
2with dependent children or a recipient of kinship care payments under s. 48.57 (3m)
3or long-term kinship care payments under s. 48.57 (3n).
SB44, s. 1296
4Section
1296. 49.24 (2) (b) of the statutes is amended to read:
SB44,589,75
49.24
(2) (b)
The Except as provided in par. (c), the total of payments made to
6counties under sub. (1) and in federal child support incentive payments may not
7exceed $12,340,000 per year.
SB44, s. 1297
8Section
1297. 49.24 (2) (c) of the statutes is created to read:
SB44,589,159
49.24
(2) (c) If federal child support incentive payments that are received for
10a year exceed the maximum specified in par. (b), 50% of the amount that exceeds the
11maximum specified in par. (b) shall be distributed to counties according to the
12formula under par. (a), subject to the incentive payments limit specified in par. (a),
13and the remainder shall be retained by the department to pay the costs of the
14department's activities under ss. 49.22 and 49.227 and costs related to receiving and
15disbursing support and support-related payments.
SB44, s. 1298
16Section
1298. 49.24 (3) of the statutes is amended to read:
SB44,589,1917
49.24
(3) A county that receives any state child support incentive payment
18under sub. (1) or any federal child support incentive payment
under sub. (2) (a) or
19(c) may use the funds only to pay costs under its child support program under s. 49.22.
SB44, s. 1299
20Section
1299. 49.26 (1) (g) (intro.) of the statutes is amended to read:
SB44,589,2421
49.26
(1) (g) (intro.) An individual who is a dependent child in a Wisconsin
22works Works group that includes a participant under s. 49.147 (3),
(3m), (4)
, or (5)
23or who is a recipient of aid under s. 49.19 is subject to the school attendance
24requirement under par. (ge) if all of the following apply:
SB44, s. 1300
25Section
1300. 49.26 (1) (h) 1s. b. of the statutes is amended to read:
SB44,590,4
149.26
(1) (h) 1s. b. An individual who is a dependent child in a Wisconsin
works 2Works group that includes a participant under s. 49.147 (3),
(3m), (4)
, or (5) and who
3fails to meet the school attendance requirement under par. (ge) is subject to a
4monthly sanction.
SB44, s. 1301
5Section
1301. 49.26 (1) (hm) of the statutes is amended to read:
SB44,590,86
49.26
(1) (hm) The department may require consent to the release of school
7attendance records, under s. 118.125 (2) (e), as a condition of eligibility for
benefits 8participation under s. 49.147 (3) to (5) or aid under s. 49.19.
SB44, s. 1302
9Section
1302. 49.30 of the statutes is renumbered 49.785, and 49.785 (2), as
10renumbered, is amended to read:
SB44,590,2011
49.785
(2) From the
appropriations under s. 20.445 (3) (dz) and (md) 12appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or
13applicable tribal governing body or organization for any amount that the county or
14applicable tribal governing body or organization is required to pay under sub. (1).
15From the
appropriations under s. 20.445 (3) (dz) and (md) appropriation under s.
1620.435 (4) (bn), the department shall reimburse a county or applicable tribal
17governing body or organization for cemetery expenses or for funeral and burial
18expenses for persons described under sub. (1) that the county or applicable tribal
19governing body or organization is not required to pay under subs. (1) and (1m) only
20if the department approves the reimbursement due to unusual circumstances.
SB44, s. 1303
21Section
1303. 49.32 (2) (d) of the statutes is repealed.
SB44, s. 1304
22Section
1304. 49.32 (4) of the statutes is repealed.
SB44, s. 1305
23Section
1305. 49.32 (9) (a) of the statutes is amended to read:
SB44,591,1024
49.32
(9) (a) Each county department under s. 46.215, 46.22
, or 46.23
25administering aid to families with dependent children shall maintain a monthly
1report at its office showing the names of all persons receiving aid to families with
2dependent children together with the amount paid during the preceding month.
3Each Wisconsin
works Works agency administering Wisconsin
works Works under
4ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names
5of all persons receiving
stipends under s. 49.147 (3m) (g) or benefits
or wages under
6s. 49.148 together with the amount paid during the preceding month. Nothing in this
7paragraph shall be construed to authorize or require the disclosure in the report of
8any information
(, including names, amounts of aid
, or
otherwise) other information, 9pertaining to adoptions, or aid furnished for the care of children in foster homes or
10treatment foster homes under s. 46.261 or 49.19 (10).
SB44, s. 1306
11Section
1306. 49.32 (10) (b) of the statutes is amended to read:
SB44,591,1912
49.32
(10) (b) If a law enforcement officer believes, on reasonable grounds, that
13a warrant has been issued and is outstanding for the arrest of a Wisconsin
works 14Works participant, the law enforcement officer may request that a law enforcement
15officer be notified when the participant appears to obtain his or her
stipend or 16benefits under the Wisconsin
works Works program. At the request of a law
17enforcement officer under this paragraph, an employee of a Wisconsin
works Works 18agency who disburses
stipends or benefits may notify a law enforcement officer when
19the participant appears to obtain
Wisconsin works
his or her stipend or benefits.
SB44, s. 1307
20Section
1307. 49.32 (10m) (a) of the statutes is amended to read:
SB44,593,221
49.32
(10m) (a) A county department, relief agency under s. 49.01 (3m)
, or
22Wisconsin
works Works agency shall, upon request, and after providing the notice
23to the recipient required by this paragraph, release the current address of a recipient
24of relief under s. 49.01 (3), aid to families with dependent children
, a stipend under
25s. 49.147 (3m) (g), or benefits
or wages under s. 49.148 to a person, the person's
1attorney
, or an employee or agent of that attorney, if the person is a party to a legal
2action or proceeding in which the recipient is a party or a witness, unless the person
3is a respondent in an action commenced by the recipient under s. 813.12, 813.122,
4813.123, 813.125
, or 813.127. If the person is a respondent in an action commenced
5by the recipient under s. 813.12, 813.122, 813.123, 813.125
, or 813.127, the county
6department, relief agency
, or Wisconsin
works Works agency may not release the
7current address of the recipient. No county department, relief agency
, or Wisconsin
8works Works agency may release an address under this paragraph until 21 days after
9the address has been requested. A person requesting an address under this
10paragraph shall be required to prove his or her identity and his or her participation
11as a party in a legal action or proceeding in which the recipient is a party or a witness
12by presenting a copy of the pleading or a copy of the subpoena for the witness. The
13person shall also be required to sign a statement setting forth his or her name,
14address
, and the reasons for making the request and indicating that he or she
15understands the provisions of par. (b) with respect to the use of the information
16obtained. The statement shall be made on a form prescribed by the department and
17shall be sworn and notarized. Within 7 days after an address has been requested
18under this paragraph, the county department, relief agency
, or Wisconsin
works 19Works agency shall mail to each recipient whose address has been requested a
20notification of that fact on a form prescribed by the department. The form shall also
21include the date on which the address was requested, the name and address of the
22person who requested the disclosure of the address, the reason that the address was
23requested
, and a statement that the address will be released to the person who
24requested the address no sooner than 21 days after the date on which the request for
25the address was made. County departments, relief agencies
, and Wisconsin
works
1Works agencies shall keep a record of each request for an address under this
2paragraph.
SB44, s. 1308
3Section
1308. 49.33 of the statutes is renumbered 49.78, and 49.78 (1) (b), (2),
4(4), (7), (8) (a) and (10), as renumbered, are amended to read:
SB44,593,85
49.78
(1) (b) "Income maintenance program" means the
medical assistance 6Medical Assistance program under subch. IV of ch. 49, the
badger care Badger Care 7health care program under s. 49.665,
or the food stamp program under
7 USC 2011 8to
2036, or the cemetery, funeral, and burial expenses program under s. 49.785.
SB44,593,13
9(2) Contracts. Annually, the department
of health and family services shall
10contract with county departments under ss. 46.215, 46.22, and 46.23, and may
11contract with tribal governing bodies, to reimburse the county departments and
12tribal governing bodies for the reasonable cost of administering income maintenance
13programs.