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 of the statutes is repealed.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 of the statutes is repealed.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 of the statutes is repealed.
SECTION 12. 49.197 (2) (d) of the statutes is repealed.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).
SECTION 11. 49.155 (1g) (a) 5. of the statutes is renumbered 49.155 (1g) (e).
SECTION 12. 49.155 (1g) (a) 6. of the statutes is renumbered 49.155 (1g) (f).
SECTION 13. 49.155 (1g) (b) of the statutes is repealed.
SECTION 14. 49.175 (1) (a) of the statutes is amended to read:
49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $44,068,500 $44,282,800 in fiscal year 2007-08 2009-10 and $43,392,200 $45,947,300 in each fiscal year 2008-09 thereafter.
SECTION 15. 49.175 (1) (g) of the statutes is amended to read:
49.175 (1) (g) State administration of public assistance programs and costs of overpayment collections. For state administration of public assistance programs, $16,670,100 in fiscal year 2007-08 and $16,868,500 and costs associated with the collection of public assistance overpayments, $17,708,600 in fiscal year 2008-09 2009-10 and $17,810,400 in each fiscal year thereafter.
SECTION 16. 49.175 (1) (h) of the statutes is created to read:
49.175 (1) (h) Public assistance program fraud and error reduction. For activities to reduce fraud under s. 49.197 (1m) and activities to reduce payment errors under s. 49.197 (3), $605,500 in each fiscal year.
SECTION 17. 49.175 (1) (i) of the statutes is amended to read:
49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,000,000 in each fiscal year 2007-08 and $7,000,000 in fiscal year 2008-09.
SECTION 18. 49.175 (1) (i) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,000,000 $7,000,000 in fiscal year 2007-08 2009-10 and $7,000,000 $6,000,000 in fiscal year 2008-09 2010-11.
****NOTE: This is reconciled s. 49.175 (1) (i). This SECTION has been affected by drafts with the following LRB numbers: LRB-0317/1 and LRB-1667/2.
SECTION 19. 49.175 (1) (p) of the statutes is amended to read:
49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $359,201,800 in fiscal year 2007-08 and $355,352,000 $375,736,400 in fiscal year 2008-09.
SECTION 20. 49.175 (1) (p) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $359,201,800 in fiscal year 2007-08 and $375,736,400 in each fiscal year 2008-09.
****NOTE: This is reconciled s. 49.175 (1) (p). This SECTION has been affected by drafts with the following LRB numbers: LRB-0317/1 and LRB-1667/2.
SECTION 21. 49.175 (1) (q) of the statutes is amended to read:
49.175 (1) (q) Child care state administration and child care licensing activities. For administration of child care services under s. 49.155 (1g) (b), $1,765,600 in fiscal year 2007-08 and $1,600,300 in programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,472,400 in fiscal year 2009-10 and $8,781,300 in fiscal year 2008-09 2010-11.
SECTION 22. 49.175 (1) (qm) of the statutes is amended to read:
49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (a), $5,311,000 in each fiscal year, $6,329,400 in fiscal year 2009-10 and $7,038,300 in each fiscal year thereafter.
SECTION 23. 49.175 (1) (qs) of the statutes is repealed.
SECTION 24. 49.175 (1) (ze) (title) of the statutes is repealed.
SECTION 25. 49.175 (1) (ze) 1. of the statutes is amended to read:
49.175 (1) (ze) 1. 'Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 in each fiscal year 2007-08 and $23,885,800 in fiscal year 2008-09.
SECTION 26. 49.175 (1) (ze) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.175 (1) (s) and amended to read:
49.175 (1) (s) Kinship care and long-term kinship care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 $23,892,400 in fiscal year 2007-08 2009-10 and $23,885,800 $23,903,500 in each fiscal year 2008-09 thereafter.
****NOTE: This is reconciled s. 49.175 (1) (ze) 1. This SECTION has been affected by drafts with the following LRB numbers: LRB-0317/1 and LRB-1667/2.
SECTION 27. 49.175 (1) (ze) 2. of the statutes is renumbered 49.175 (1) (r) and amended to read:
49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,094,700 in fiscal year 2007-08 and $30,094,700 $29,899,800 in fiscal year 2008-09 2009-10 and $29,933,200 in each fiscal year thereafter.
SECTION 28. 49.175 (1) (ze) 10m. of the statutes is renumbered 49.175 (1) (t) and amended to read:
49.175 (1) (t) Safety and out-of-home placement services. For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department determines may remain at home if appropriate services are provided, and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 $6,700,700 in each fiscal year.
SECTION 29. 49.175 (1) (ze) 11. of the statutes is renumbered 49.175 (1) (u).
SECTION 30. 49.175 (1) (ze) 12. of the statutes is repealed.
SECTION 31. 49.175 (1) (zh) of the statutes is amended to read:
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.
SECTION 9408. Effective dates; Children and Families.
(1) RETROACTIVE ALLOCATIONS. The treatment of section 49.175 (1) (i) (by SECTION 17) and (p) (by SECTION 19) of the statutes and the amendment of section 49.175 (1) (ze) 1. of the statutes take effect on the day after publication, or retroactively to June 30, 2009, whichever is earlier.
(End)
LRB-0320LRB-0320/1
ARG:wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0014 - CDL compliance issues
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
