Amendment ASA1-AB75

AB75-ASA1, s. 1250 Section 1250. 49.175 (1) (zh) of the statutes is amended to read:

AB75-ASA1,587,6 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $21,125,400 $6,664,200 in fiscal year 2007-08 2009-10 and $6,664,200 in fiscal year 2008-09 2010-2011.

AB75-ASA1, s. 1251 Section 1251. 49.19 (1) (a) 2. b. of the statutes is amended to read:

AB75-ASA1,587,17 49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

AB75-ASA1, s. 1252 Section 1252. 49.19 (4e) (a) of the statutes is amended to read:

AB75-ASA1,587,24 49.19 (4e) (a) If a person applying for aid is under 18 years of age, has never married, and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian, or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home, or other supportive living arrangement supervised by an adult.

AB75-ASA1, s. 1253 Section 1253. 49.19 (10) (a) of the statutes is amended to read:

AB75-ASA1,588,13 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 48.569 (2) and the percentage rate of participation set forth in s. 48.569 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB75-ASA1, s. 1254 Section 1254. 49.19 (10) (c) of the statutes is amended to read:

AB75-ASA1,588,23 49.19 (10) (c) Reimbursement under par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or if the child 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 the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to under an agreement with the county department.

AB75-ASA1, s. 1255 Section 1255. 49.19 (10) (d) of the statutes is amended to read:

AB75-ASA1,589,10 49.19 (10) (d) Aid may also be paid under this section to a licensed foster home, treatment foster home, group home, or residential care center for children and youth 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 or the department of corrections.

AB75-ASA1, s. 1256 Section 1256. 49.19 (10) (e) of the statutes is amended to read:

AB75-ASA1,589,19 49.19 (10) (e) Notwithstanding pars. (a), (c), and (d), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home, or residential care center for children and youth by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement, or for placement of a child in a group home licensed under s. 48.625.

AB75-ASA1, s. 1256g Section 1256g. 49.195 (3r) of the statutes is amended to read:

AB75-ASA1,589,24 49.195 (3r) From the appropriation under s. 20.437 (2) (L) the The department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under sub. (3) who is delinquent in making repayments.

AB75-ASA1, s. 1256m Section 1256m. 49.195 (4) of the statutes is renumbered 49.195 (4) (a) and amended to read:

AB75-ASA1,590,6 49.195 (4) (a) Any Except as provided in par. (b), any county or governing body of a federally recognized American Indian tribe may retain 15% of benefits distributed under s. 49.19 that are recovered due to the efforts of an employee or officer of the county or tribe.

AB75-ASA1,590,7 (b) This subsection does not apply to recovery any of the following:

AB75-ASA1,590,9 1. The recovery of benefits that were provided as a result of state, county, or tribal governing body error.

AB75-ASA1, s. 1256p Section 1256p. 49.195 (4) (b) 2. of the statutes is created to read:

AB75-ASA1,590,13 49.195 (4) (b) 2. The recovery of benefits due to the efforts of an employee or officer of a county having a population of 500,000 or more under the supervision of the department.

AB75-ASA1, s. 1257 Section 1257. 49.197 (1m) of the statutes is amended to read:

AB75-ASA1,591,6 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (n) (me), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. 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.

AB75-ASA1, s. 1258 Section 1258. 49.197 (2) (title) of the statutes is amended to read:

AB75-ASA1,591,9 49.197 (2) (title) Fraud Local fraud investigation by counties and tribal governing bodies.

AB75-ASA1, s. 1259 Section 1259. 49.197 (2) (a) of the statutes is renumbered 49.197 (2) (a) (intro.) and amended to read:

AB75-ASA1,591,12 49.197 (2) (a) (intro.) In this subsection, "tribal:

AB75-ASA1,591,14 2. "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

AB75-ASA1, s. 1260 Section 1260. 49.197 (2) (a) 1. of the statutes is created to read:

AB75-ASA1,591,17 49.197 (2) (a) 1. "County department" means a county department under s. 46.215, 46.22, or 46.23.

AB75-ASA1, s. 1261 Section 1261. 49.197 (2) (b) of the statutes is amended to read:

AB75-ASA1,591,25 49.197 (2) (b) A If a county department, Wisconsin Works agency, or tribal governing body administers the Wisconsin Works program, the county department, Wisconsin Works agency, or tribal governing body may establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program under this subchapter, including persons receiving a child care subsidy under s. 49.155, and to recover incorrect payments made or incorrect benefits provided as a result of fraudulent activity.

AB75-ASA1, s. 1262 Section 1262. 49.197 (2) (c) (intro.) of the statutes is renumbered 49.197 (2) (c) and amended to read:

AB75-ASA1,592,10 49.197 (2) (c) If a A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b), the county or tribal governing body shall pay to the department all of the following: shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.

AB75-ASA1, s. 1262m Section 1262m. 49.197 (2) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,592,20 49.197 (2) (c) A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b) shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A Except as provided in par. (cm), a county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.

AB75-ASA1, s. 1263 Section 1263. 49.197 (2) (c) 1. of the statutes is repealed.

AB75-ASA1, s. 1264 Section 1264. 49.197 (2) (c) 2. of the statutes is repealed.

AB75-ASA1, s. 1265 Section 1265. 49.197 (2) (c) 3. of the statutes is repealed.

AB75-ASA1, s. 1265m Section 1265m. 49.197 (2) (cm) of the statutes is created to read:

AB75-ASA1,593,6 49.197 (2) (cm) Any amounts recovered with respect to the child care subsidy program under s. 49.155 by a county department in a county having a population of 500,000 or more as a result of a program under par. (b) or due to the efforts of an employee of such a county who is supervised by the department or the department of health services under s. 49.825 shall be credited to the appropriation account under s. 20.437 (2) (me).

AB75-ASA1, s. 1266 Section 1266. 49.197 (2) (d) of the statutes is repealed.

AB75-ASA1, s. 1267 Section 1267. 49.22 (6) of the statutes is amended to read:

AB75-ASA1,593,17 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. 48.645, 49.19, 49.47, or 49.471; benefits under s. 49.148, 49.155, or 49.79; or foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). 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.

AB75-ASA1, s. 1268 Section 1268. 49.22 (7m) of the statutes is amended to read:

AB75-ASA1,594,3 49.22 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an the obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, use federal matching funds or funds retained by the department under s. 49.24 (2) (c), or use up to 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).

AB75-ASA1, s. 1268b Section 1268b. 49.24 (1) (intro.) of the statutes is created to read:

AB75-ASA1,594,6 49.24 (1) (intro.) The department shall provide child support incentive payments to counties from one of the following appropriations:

AB75-ASA1, s. 1268c Section 1268c. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act 20, section 1474d, is renumbered 49.24 (1) (b) and amended to read:

AB75-ASA1,594,13 49.24 (1) (b) From If federal legislation provides for the matching of federal funds for federal child support incentive payments at a rate of 66 percent or more, from the appropriation under s. 20.437 (2) (k), the department shall provide child support incentive payments to counties while the federal legislation is in effect. Total payments under this subsection paragraph may not exceed $5,690,000 per year.

AB75-ASA1, s. 1268e Section 1268e. 49.24 (1) (a) of the statutes is created to read:

AB75-ASA1,594,16 49.24 (1) (a) Unless par. (b) applies, from the appropriation under s. 20.437 (2) (bc).

AB75-ASA1, s. 1268f Section 1268f. 49.24 (2) (b) 1. of the statutes is repealed.

AB75-ASA1, s. 1268g Section 1268g. 49.24 (2) (b) 2. of the statutes is amended to read:

AB75-ASA1,594,22 49.24 (2) (b) 2. Of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 30% of the amount awarded that exceeds $12,340,000.

AB75-ASA1, s. 1268h Section 1268h. 49.24 (2) (b) 3. of the statutes is amended to read:

AB75-ASA1,594,25 49.24 (2) (b) 3. All federal matching funds associated with the amounts distributed under subds. 1. and subd. 2.

AB75-ASA1, s. 1268i Section 1268i. 49.24 (2) (c) of the statutes is amended to read:

AB75-ASA1,595,8 49.24 (2) (c) The department may retain 50% of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002 that exceeds $12,340,000, and may retain 70% of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002 that exceeds $12,340,000, to be used to pay the costs of the department's activities under ss. 49.22 and 49.227 and costs related to receiving and disbursing support and support-related payments.

AB75-ASA1, s. 1268j Section 1268j. 49.24 (2) (dm) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,595,15 49.24 (2) (dm) If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000 and the department is providing child support incentive payments to counties for that federal fiscal year under sub. (1) (b), the total of payments distributed to counties under par. (b) and sub. (1) for that federal fiscal year may not exceed $12,340,000.

AB75-ASA1, s. 1268k Section 1268k. 49.24 (4) of the statutes, as created by 2007 Wisconsin Act 20, is repealed.

AB75-ASA1, s. 1268p Section 1268p. 49.25 of the statutes is created to read:

AB75-ASA1,596,2 49.25 Incentive payments for identifying children with health insurance. From the appropriation under s. 20.437 (2) (e), the department may provide incentive payments to county child support agencies under s. 59.53 (5) for identifying children who are receiving medical assistance benefits and who have health insurance coverage or access to health insurance coverage. The department of children and families may disclose to the department of health services information that it possesses or obtains that would assist in identifying children with medical assistance coverage who have health insurance coverage or access to health insurance coverage.

AB75-ASA1, s. 1269 Section 1269. 49.26 of the statutes is repealed.

AB75-ASA1, s. 1270 Section 1270. 49.32 (6) of the statutes is amended to read:

AB75-ASA1,596,14 49.32 (6) Welfare reform studies. The department shall request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the learnfare school attendance requirement under s. 49.26 (1) (g) and the modification of the earned income disregard under s. 49.19 (5) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs and providing financial incentives and in identifying barriers to independence.

AB75-ASA1, s. 1271 Section 1271. 49.32 (9) (a) of the statutes is amended to read:

AB75-ASA1,597,2 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 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 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. 48.645 or 49.19 (10).

AB75-ASA1, s. 1272 Section 1272. 49.32 (10m) (a) of the statutes is amended to read:

AB75-ASA1,598,9 49.32 (10m) (a) A county department, relief agency under s. 49.01 (3m), 2009 stats., or Wisconsin works Works agency shall, upon request, and after providing the notice to the recipient required by this paragraph, release the current address of a recipient of relief under s. 49.01 (3), 2009 stats., aid to families with dependent children, or benefits under s. 49.148 to a person, the person's attorney, or an employee or agent of that attorney, if the person is a party to a legal action or proceeding in which the recipient is a party or a witness, unless the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127. If the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127, the county department, relief agency, or Wisconsin works Works agency may not release the current address of the recipient. No county department, relief agency, or Wisconsin works Works agency may release an address under this paragraph until 21 days after the address has been requested. A person requesting an address under this paragraph shall be required to prove his or her identity and his or her participation as a party in a legal action or proceeding in which the recipient is a party or a witness by presenting a copy of the pleading or a copy of the subpoena for the witness. The person shall also be required to sign a statement setting forth his or her name, address , and the reasons for making the request and indicating that he or she understands the provisions of par. (b) with respect to the use of the information obtained. The statement shall be made on a form prescribed by the department and shall be sworn and notarized. Within 7 days after an address has been requested under this paragraph, the county department, relief agency, or Wisconsin works Works agency shall mail to each recipient whose address has been requested a notification of that fact on a form prescribed by the department. The form shall also include the date on which the address was requested, the name and address of the person who requested the disclosure of the address, the reason that the address was requested, and a statement that the address will be released to the person who requested the address no sooner than 21 days after the date on which the request for the address was made. County departments, relief agencies, and Wisconsin works Works agencies shall keep a record of each request for an address under this paragraph.

AB75-ASA1, s. 1273 Section 1273. 49.34 (1) of the statutes is amended to read:

AB75-ASA1,598,20 49.34 (1) All services under this subchapter and ch. 48 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

AB75-ASA1, s. 1274 Section 1274. 49.343 (title) of the statutes is amended to read:

AB75-ASA1,598,23 49.343 (title) Rates for residential care centers and, group homes, and child welfare agencies.

AB75-ASA1, s. 1275 Section 1275. 49.343 (1) of the statutes is renumbered 49.343 (1g) and amended to read:

AB75-ASA1,599,9 49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth, as defined in s. 48.02 (15d), and each group home, as defined in s. 48.02 (7), that is incorporated under ch. 180, 181, 185, or 193 shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1276 Section 1276. 49.343 (1d) of the statutes is created to read:

AB75-ASA1,599,11 49.343 (1d) Definitions. In this section:

AB75-ASA1,599,15 (a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.

AB75-ASA1,599,17 (b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.

AB75-ASA1,599,18 (c) "Group home" has the meaning given in s. 48.02 (7).

AB75-ASA1,599,20 (d) "Residential care center for children and youth" has the meaning given in s. 48.02 (15d).

AB75-ASA1, s. 1276g Section 1276g. 49.343 (1d) (a) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,600,2 49.343 (1d) (a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.

AB75-ASA1, s. 1276j Section 1276j. 49.343 (1d) (b) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,600,6 49.343 (1d) (b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.

AB75-ASA1, s. 1276m Section 1276m. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1275, is amended to read: