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 (this act), is repealed.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.
(End)
LRB-0317LRB-0317/6
PJK&GMM:bjk&cjs:ph
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0029 - TANF and child care allocations
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
Children
Under current law, kinship care payments and assessments to determine eligibility for kinship care payments are funded from certain program revenue-service appropriations to DCF that consist of moneys transferred from a federal block grant aids appropriation of DCF. This bill eliminates those program revenues-service appropriations, resulting in kinship care payments and assessments being funded directly from that federal block grant aids appropriation.
Public assistance
Under current law, DCF may spend no more than the minimum amount required under the federal law that provides federal Child Care Development Funds (CCDF). From a number of specified appropriations, DCF allocates CCDF for a number of specified purposes related to child care licensing and child care programs administered by DCF. The allocations in current law either provide no specific amount or require an allocation of at least a certain specified amount.
This bill eliminates the specific list of appropriations from which DCF allocates CCDF and eliminates the requirement that DCF spend no more than the minimum amount required under federal law for its child care licensing activities and child care programs. The programs to which allocations are made and the allocation amounts are not changed.
Also under current law, DCF allocates specific amounts of federal moneys in each fiscal year, including CCDF and moneys received under the Temporary Assistance for Needy Families (TANF) block grant program, for various public assistance programs and for child care-related purposes, including its day care licensing activities. The bill increases, decreases, and combines some of those allocations. The bill also adds an allocation for public assistance program fraud and error reduction activities and removes an allocation for the Milwaukee and statewide child welfare information systems.
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 (1) (kc) 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 (1) (kd) 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 3. 20.437 (2) (md) of the statutes is amended to read:
20.437 (2) (md) Federal block grant aids. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for aids to individuals or organizations and to be transferred to the appropriation accounts under sub. (1) (kc), (kd), and (kx) and ss. 20.435 (4) (kz), (6) (kx), (7) (ky), and (8) (kx) and 20.835 (2) (kf). All block grant moneys received for these purposes from the federal government or any of its agencies and all moneys recovered under s. 49.143 (3) shall be credited to this appropriation account. The department may credit to this appropriation account the amount of any returned check, or payment in other form, that is subject to expenditure in the same contract period in which the original payment attempt was made, regardless of the fiscal year in which the original payment attempt was made.
SECTION 4. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (1) (kc) (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
SECTION 5. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
48.57 (3n) (am) (intro.) From the appropriation under s. 20.437 (1) (kc) (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
SECTION 6. 49.155 (1g) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 49.155 (1g) (intro.) and amended to read:
49.155 (1g) DISTRIBUTION OF FUNDS CHILD CARE ALLOCATIONS. (intro.) Within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, the department shall do all of the following: (a) (intro.) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.437 (2) (cm), (kx), (mc), and (md), the department shall allocate and distribute allocate funding in each fiscal year for all of the following:
****NOTE: This is reconciled s. 49.155 (1g) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0313/P1 and LRB-0317/1.
SECTION 7. 49.155 (1g) (a) 1. of the statutes is renumbered 49.155 (1g) (ac).
SECTION 8. 49.155 (1g) (a) 2. of the statutes is renumbered 49.155 (1g) (bc).
SECTION 9. 49.155 (1g) (a) 3. of the statutes is renumbered 49.155 (1g) (c) and amended to read:
49.155 (1g) (c) A transfer to the appropriation account under s. 20.437 (1) (kx) for child Child care licensing activities, in the amount of at least $4,800,600 $4,985,360 per fiscal year.
****NOTE: This is reconciled s. 49.155 (1g) (a) 3. This SECTION has been affected by drafts with the following LRB numbers: LRB-0313/P1 and LRB-0317/1.
SECTION 10. 49.155 (1g) (a) 4. of the statutes is renumbered 49.155 (1g) (d).
