AN ACT ...; relating to: financing of unemployment insurance administration and making an appropriation.
Analysis by the Legislative Reference Bureau
Employment
Currently, the federal government provides regular grants to this state for the purpose of financing the administration of the unemployment insurance (UI) program. In addition, the federal government provides special grants to this state for the purpose of administration of UI, for the payment of UI benefits, or for certain other purposes. Under current law, the legislature has appropriated specified sums from the special grant moneys for UI administration during the period ending on September 30, 2009.
This bill separately appropriates additional sums from these special federal grant moneys to be used for the purpose of UI administration during the 2009-2011 state fiscal biennium. The expenditure authorization potentially increases the liability of employers to finance UI benefits through contributions (taxes).
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.445 (1) (n) of the statutes is amended to read:
20.445 (1) (n) Employment assistance and unemployment insurance administration; federal moneys. All federal moneys received, as authorized by the governor under s. 16.54, for the administration of employment assistance and unemployment insurance programs of the department, for the performance of the department's other functions under subch. I of ch. 106 and ch. 108, except moneys appropriated under par. (nf), and to pay the compensation and expenses of appeal tribunals and of employment councils appointed under s. 108.14, to be used for such purposes, except as provided in s. 108.161 (3e), and, from the moneys received by this state under section 903 (d) of the federal Social Security Act, as amended, to transfer to the appropriation account under par. (nb) an amount determined by the treasurer of the unemployment reserve fund not exceeding the lesser of the amount specified in s. 108.161 (4) (d) or the amounts in the schedule under par. (nb), to transfer to the appropriation account under par. (nd) an amount determined by the treasurer of the unemployment reserve fund not exceeding the lesser of the amount specified in s. 108.161 (4) (d) or the amounts in the schedule under par. (nd), and to transfer to the appropriation account under par. (ne) an amount determined by the treasurer of the unemployment reserve fund not exceeding the lesser of the amount specified in s. 108.161 (4) (d) or the sum of the amounts in the schedule under par. (ne) and the amount determined by the treasurer of the unemployment reserve fund that is required to pay for the cost of banking services incurred by the unemployment reserve fund.
SECTION 2. 20.445 (1) (ne) of the statutes is amended to read:
20.445 (1) (ne) Unemployment insurance administration; and bank service costs. From the moneys received by this state under section 903 (d) of the federal Social Security Act, as amended, all moneys transferred from the appropriation account under par. (n) to be used for the administration of unemployment insurance and for the payment of the cost of banking services incurred by the unemployment reserve fund. No moneys may be expended from this appropriation unless the treasurer of the unemployment reserve fund determines that such expenditure is currently needed for the purpose specified in this paragraph.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0314LRB-0314/3
PJK:jld&kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0034 - AFDC collections repayment to federal government
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
This bill creates a general purpose revenue (GPR) appropriation for paying the federal government any remaining liability of the state to turn over to the federal government overpayments under the Aid to Families with Dependent Children Program (AFDC) that were collected by DWD after the commencement of the federal Temporary Assistance to Needy Families Program (TANF), which replaced AFDC. The bill also makes a specific allocation for those payments in fiscal year 2009-10 from the GPR appropriation and from federal Child Care Development Funds and moneys received under TANF.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.437 (2) (cr) of the statutes is created to read:
20.437 (2) (cr) Liability for overpayments collected under the Aid to Families with Dependent Children Program. A sum sufficient to pay any remaining liability to the federal government related to overpayments made under the program under s. 49.19 that were collected by the department of workforce development after the commencement of the federal Temporary Assistance for Needy Families Program under 42 USC 601 to 619. The amount of any remaining liability shall be determined by the secretary of children and families in consultation with the federal secretary of health and human services.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.437 (2) (cr) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
****NOTE: This SECTION involves a change in an appropriation, but should not be reflected in the revised schedule in s. 20.005, stats., because of a delayed effective date.
SECTION 3. 20.437 (2) (mf) of the statutes is created to read:
20.437 (2) (mf) Federal economic stimulus funds. All federal economic stimulus funds received by the state related to the Child Care and Development Block Grant, for the purposes for which made and received. In this paragraph, "federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 49.175 (1) (intro.) of the statutes is amended to read:
49.175 (1) ALLOCATION OF FUNDS. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (cr), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:
SECTION 5. 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) ALLOCATION OF FUNDS. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (cr), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:
SECTION 6. 49.175 (1) (k) of the statutes is created to read:
49.175 (1) (k) Aid to Families with Dependent Children overpayments liability. For payment of liability to the federal government related to overpayments made under the program under s. 49.19, $13,183,900 in fiscal year 2009-10 and $0 in fiscal year 2010-11.
SECTION 7. 49.175 (1) (k) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
SECTION 9408. Effective dates; Children and Families.
(1) OVERPAYMENTS UNDER AFDC. The treatment of section 49.175 (1) (intro.) (by SECTION 5) of the statutes and the repeal of sections 20.437 (2) (cr) and 49.175 (1) (k) of the statutes take effect on July 1, 2011.
(End)
LRB-0315LRB-0315/1
PJK:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0032 - Emergency assistance
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, DCF administers a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, energy crisis, or homelessness or impending homelessness. Except for cases of energy crisis, DCF must establish the maximum amount of aid to be granted per family member, and must publish the maximum amount and any changes to it in the Wisconsin Administrative Register. This bill provides that DCF must establish the amount of aid to be granted, including in cases of energy crisis, rather than the maximum amount to be granted for each family member, and that DCF must publish maximum amounts in the Wisconsin Administrative Register if DCF does not establish the amounts by rule.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.138 (1m) (intro.) of the statutes is amended to read:
49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.437 (2) (dz) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it amounts in the Wisconsin administrative register if the department does not establish the amounts by rule. Emergency assistance provided to needy persons under this section may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:
SECTION 9308. Initial applicability; Children and Families.
(1) EMERGENCY ASSISTANCE. The treatment of section 49.138 (1m) (intro.) of the statutes first applies to determinations of aid payment amounts that are made on the effective date of this subsection.
SECTION 9408. Effective dates; Children and Families.
(1) EMERGENCY ASSISTANCE. The treatment of section 49.138 (1m) (intro.) of the statutes takes effect on January 1, 2010, or on the effective date of this subsection, whichever is later.
(End)
LRB-0316LRB-0316/1
PJK:wlj:ph
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0033 - TANF-related fraud investigation funding and overpayment recovery
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Wisconsin Works
Under current law, DCF must establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program (W-2). Counties and tribal governing bodies may establish programs to investigate suspected fraudulent activity on the part of W-2 participants. If a county or tribal governing body establishes a program and recovers any moneys, it must pay to DCF 50 percent of the amount that it recovers in the first month of the program's operation, 66 percent of the amount that it recovers in the second month, and all amounts recovered after the second month. Current law does not specify how a county or tribal governing body is to use recovered amounts that it retains, but DCF must use recovered moneys received from a county or tribal governing body for W-2.
This bill provides that a county department of human or social services, W-2 agency, or tribal governing body that administers W-2 may establish a program to investigate fraud under W-2, and if the county department, W-2 agency, or tribal governing body does, it must advise DCF and DHS of the date on which the program was established and of any amounts that are recovered under the program. Any amounts that are recovered may be retained by the county department, W-2 agency, or tribal governing body and must be used to pay cash benefits to W-2 participants. The bill also makes minor modifications to the DCF appropriation accounts to which fraud investigation recoveries are credited and from which fraud investigation activities are paid.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.437 (2) (g) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.437 (2) (L) of the statutes is amended to read:
20.437 (2) (L) Public assistance overpayment recovery and, fraud investigation, and error reduction. All moneys received as the state's share of the recovery of overpayments and incorrect payments under s. 49.191 (3) (c), 1997 stats., and s. 49.195, 1997 stats., for any contracts under s. 49.845 (4) and, for any activities to reduce error and fraud under s. 49.197 (1m) to investigate fraud relating to the Aid to Families with Dependent Children program and the Wisconsin Works program, for any activities under s. 49.197 (3) to reduce payment errors in the Wisconsin Works program, and for costs associated with collection of public assistance overpayments.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 49.197 (1m) of the statutes is amended to read:
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.
SECTION 4. 49.197 (2) (title) of the statutes is amended to read:
49.197 (2) (title) FRAUD LOCAL FRAUD INVESTIGATION BY COUNTIES AND TRIBAL GOVERNING BODIES.
SECTION 5. 49.197 (2) (a) of the statutes is renumbered 49.197 (2) (a) (intro.) and amended to read:
49.197 (2) (a) (intro.) In this subsection, "tribal:
2. "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
SECTION 6. 49.197 (2) (a) 1. of the statutes is created to read:
49.197 (2) (a) 1. "County department" means a county department under s. 46.215, 46.22, or 46.23.
SECTION 7. 49.197 (2) (b) of the statutes is amended to read:
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.
SECTION 8. 49.197 (2) (c) (intro.) of the statutes is renumbered 49.197 (2) (c) and amended to read:
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.
SECTION 9. 49.197 (2) (c) 1. of the statutes is repealed.
SECTION 10. 49.197 (2) (c) 2. of the statutes is repealed.
SECTION 11. 49.197 (2) (c) 3. of the statutes is repealed.
SECTION 12. 49.197 (2) (d) of the statutes is repealed.
SECTION 9308. Initial applicability; Children and Families.
(1) FRAUD INVESTIGATION RECOVERIES. The treatment of sections 20.437 (2) (g) and 49.197 (2) (title), (b), (c) (intro.), 1., 2., and 3. and (d) of the statutes, the renumbering and amendment of section 49.197 (2) (a) of the statutes, and the creation of section 49.197 (2) (a) 1. of the statutes first apply to moneys recovered by a county department, Wisconsin Works agency, or tribal governing body on the effective date of this subsection.
