SB27-SSA1,643,103
(c) If a county with a population of less than 750,000 does not participate in a
4multicounty consortium or the department determines that a multicounty
5consortium does not satisfy the department's performance requirements, the
6department shall assume responsibility for administering income maintenance
7programs in that county or in the geographical area of the multicounty consortium.
8The department may provide income maintenance program administration under
9this paragraph by contracting with another multicounty consortium or by providing
10the administrative services with state resources and employees.
SB27-SSA1,643,1711
(d) If the department assumes responsibility for administering income
12maintenance programs in a county or in the geographical area of the multicounty
13consortium under par. (c), any county for which the department administers income
14maintenance programs shall pay to the department the amount that the county
15expended for the administration of income maintenance programs in calendar year
162009. For the purposes of this paragraph, Kenosha County expended $673,000 for
17the administration of income maintenance programs in calendar year 2009.
SB27-SSA1,643,2219
49.78
(1r) Single county consortia. The department shall administer income
20maintenance programs in a county with a population of 750,000 or more as a
21single-county consortium, including the administrative functions specified in sub.
22(2) (b) 1.
SB27-SSA1,643,2424
49.78
(2) (title)
Contracts with multicounty consortia.
SB27-SSA1, s. 1490m
1Section 1490m. 49.78 (2) of the statutes is renumbered 49.78 (2) (a) and
2amended to read:
SB27-SSA1,644,103
49.78
(2) (a) Annually,
for the income maintenance program functions, if any, 4that the department delegates to a county or tribal governing body beginning with
5contracts for 2012, the department
and county department under s. 46.215, 46.22,
6or 46.23 shall enter into a contract
, and the department and tribal governing body
7may enter into a contract, for reimbursement of the county department or tribal
8governing body for the reasonable cost of administering with each multicounty
9consortium to administer income maintenance programs
in the multicounty
10consortium's geographical area.
SB27-SSA1,644,1212
49.78
(2) (b) A contract under par. (a) shall provide all of the following:
SB27-SSA1,644,1413
1. That the multicounty consortia shall be responsible for all of the following
14administrative functions related to income maintenance programs:
SB27-SSA1,644,1515
a. Operating and maintaining a call center.
SB27-SSA1,644,1616
b. Conducting application processing and eligibility determinations.
SB27-SSA1,644,1717
c. Conducting ongoing case management.
SB27-SSA1,644,1818
d. Providing lobby services.
SB27-SSA1,644,2019
2. That the department and multicounty consortia shall cooperate to provide
20the following administrative functions related to the income maintenance programs:
SB27-SSA1,644,2121
a. Conducting subrogation and benefit recovery efforts.
SB27-SSA1,644,2222
b. Participating in fair hearings.
SB27-SSA1,644,2323
c. Conducting fraud prevention and identification activities.
SB27-SSA1,644,2524
3. That the department will reimburse a multicounty consortium for services
25provided under the contract on a risk-adjusted case load basis.
SB27-SSA1,645,62
49.78
(2m) Administration by a tribal governing body. (a) A tribal governing
3body may administer income maintenance programs by electing to have the
4department administer the tribe's income maintenance programs or by providing the
5required administrative services and entering into a contract with the department
6for reimbursement under par. (b).
SB27-SSA1,645,117
(b) Annually, for the income maintenance administrative program functions,
8if any, that the department delegates to a tribal governing body, the department and
9tribal governing body may enter into a contract, for reimbursement of the tribal
10governing body for the reasonable cost of administering income maintenance
11programs.
SB27-SSA1,645,1612
(c) The amount of each reimbursement paid under a contract entered into par.
13(b) shall be calculated using a formula based on workload within the limits of state
14and federal funds. The department may adjust reimbursement amounts determined
15under the contract for workload changes and computer network activities performed
16by a tribal governing body.
SB27-SSA1,645,2018
49.78
(2r) Departmental administrative functions. The department shall
19perform all of the following administrative functions related to income maintenance
20programs:
SB27-SSA1,645,2121
(a) Providing income maintenance worker training.
SB27-SSA1,645,2222
(b) Performing 2nd-party reviews.
SB27-SSA1,645,2323
(c) Administering the funeral expenses program under s. 49.785.
SB27-SSA1,645,2524
(d) Providing information technology and licenses for call centers that are
25operated by multicounty consortia.
SB27-SSA1,646,2
1(e) Maintaining the client assistance reemployment and economic support
2system.
SB27-SSA1,646,43
(f) Contracting with multicounty consortia under sub. (2), including
4establishing performance requirements.
SB27-SSA1,646,65
(g) Contracting with tribal governing bodies under sub. (2m), including
6establishing performance requirements.
SB27-SSA1,646,97
(h) Monitoring contracts with multicounty consortia and tribal governing
8bodies, including compliance with performance standards and federal and other
9reporting requirements.
SB27-SSA1,646,1010
(i) Operating a centralized document processing unit.
SB27-SSA1,646,2412
49.78
(8) (a) From the
appropriation accounts appropriations under s. 20.435
13(4) (bn) and (nn) and subject to par. (b), the department shall
provide funding to 14reimburse each
county multicounty consortium that contracts with the department
15under sub. (2) and
each tribal governing body that contracts with the department
16under sub.
(2) (2m) for
reasonable the costs of administering the income maintenance
17programs, including conducting fraud prevention activities
. The amount of each
18reimbursement paid under this paragraph shall be calculated using a formula based
19on workload within the limits of available state and federal funds under s. 20.435 (4)
20(bn) and (nn) by contract under sub. (2), in accordance with the terms of the
21applicable contract. The amount of reimbursement calculated under this paragraph
22and par. (b) is in addition to any reimbursement provided to a county
, multicounty
23consortium, or tribal governing body for fraud and error reduction under s. 49.197
24or 49.845.
SB27-SSA1,647,5
149.78
(8) (b) The department
may adjust the amounts determined under par.
2(a) for workload changes and computer network activities performed by a county or
3tribal governing body and may reduce the amount of any reimbursement if federal
4reimbursement is withheld due to audits, quality control samples, or program
5reviews.
SB27-SSA1,647,77
49.78
(10) (title)
County
Reimbursement certification.
SB27-SSA1,647,219
49.78
(10) (a)
Each county treasurer and director of a county department under
10s. 46.215, 46.22, or 46.23 An authorized representative from each multicounty
11consortium that contracts with the department under sub. (2) and each tribal
12governing body that contracts with the department under sub.
(2) (2m) shall certify
13monthly under oath to the department in such manner as the department prescribes
14the claim of the
county multicounty consortium or tribal governing body for state
15reimbursement under sub. (8) (a). The department shall review each claim of
16reimbursement and, if the department approves the claim, the department shall
17certify to the department of administration for reimbursement to the
county 18multicounty consortium or tribal governing body for amounts due under sub. (8) (a)
19and payment claimed to be made to the
counties multicounty consortia or tribal
20governing bodies monthly. The department may make advance payments prior to
21the beginning of each month equal to one-twelfth of the contracted amount.
SB27-SSA1,648,623
49.78
(10) (b) To facilitate prompt reimbursement the certificate of the
24department may be based on the certified statements of the
county officers 25authorized representatives of multicounty consortia or tribal governing body
1executives filed under par. (a). Funds recovered from audit adjustments from a prior
2fiscal year may be included in subsequent certifications only to pay counties
or
3multicounty consortia owed funds as a result of any audit adjustment. By September
430 annually, the department shall submit a report to the appropriate standing
5committees under s. 13.172 (3) on funds recovered and paid out during the previous
6calendar year as a result of audit adjustments.
SB27-SSA1,648,208
49.78
(11) (a) 1. The department, a county department under s. 46.215, 46.22,
9or 46.23
, a multicounty consortium, or a tribal governing body may request from any
10person in this state information it determines appropriate and necessary for
11determining or verifying eligibility or benefits for a recipient under any income
12maintenance program. Unless access to the information is prohibited or restricted
13by law, or unless the person has good cause, as determined by the department in
14accordance with federal law and regulations, for refusing to cooperate, the person
15shall make a good faith effort to provide the information within 7 days after receiving
16a request under this paragraph. The department, county department,
multicounty
17consortium, or tribal governing body, or employees of any of them, may not disclose
18information obtained under this subdivision for any purpose not connected with the
19administration of the income maintenance program for which the information was
20requested.
SB27-SSA1,648,2421
2. In conjunction with any request for information under subd. 1., including a
22request made by subpoena under par. (b), the department, county department,
23multicounty consortium, or tribal governing body shall advise the person of the time
24by which the information must be provided.
SB27-SSA1,649,5
149.78
(11) (b) The department, a county department,
a multicounty
2consortium, or a tribal governing body may issue a subpoena, in substantially the
3form authorized under s. 885.02, to compel the production of financial information
4or other documentary evidence for determining or verifying eligibility or benefits for
5a recipient under any income maintenance program.
SB27-SSA1,649,97
49.78
(11) (c) 1. Allowing access to financial or other records by the department,
8a county department,
a multicounty consortium, or a tribal governing body in
9response to a request under par. (a) or a subpoena described in par. (b).
SB27-SSA1,649,1311
49.78
(11) (c) 2. Disclosing information from financial or other records to the
12department, a county department,
a multicounty consortium, or a tribal governing
13body in response to a request under par. (a) or a subpoena described in par. (b).
SB27-SSA1,649,1915
49.78
(11) (c) 3. Any other action taken in good faith to comply with this
16subsection or a subpoena described in par. (b) or to comply with a request for
17information or access to records from the department, a county department,
a
18multicounty consortium, or a tribal governing body for determining or verifying
19eligibility or benefits for a recipient under any income maintenance program.
SB27-SSA1,650,621
49.785
(2) From the appropriation under s. 20.435 (4)
(bn) (br), the department
22shall reimburse a county or applicable tribal governing body or organization for any
23amount that the county or applicable tribal governing body or organization is
24required to pay under sub. (1) if the county or applicable tribal governing body or
25organization complies with sub. (3). From the appropriation under s. 20.435 (4)
(bn)
1(br), the department shall reimburse a county or applicable tribal governing body or
2organization for cemetery expenses or for funeral and burial expenses for a person
3described under sub. (1) that the county or applicable tribal governing body or
4organization is not required to pay under subs. (1) and (1m) only if the department
5approves the reimbursement due to unusual circumstances and if the county or
6applicable tribal governing body or organization complies with sub. (3).
SB27-SSA1,650,98
49.79 (1) (e) "Multicounty consortium" has the meaning given in s. 49.78 (1)
9(br).
SB27-SSA1,650,1411
49.79
(3) Liability for lost food coupons. (a) A county
, multicounty
12consortium, or federally recognized American Indian tribe is liable for all food stamp
13coupons lost, misappropriated, or destroyed while under the county's
, consortium's, 14or tribe's direct control, except as provided in par. (b).
SB27-SSA1,650,1815
(b) A county
, multicounty consortium, or federally recognized American Indian
16tribe is not liable for food stamp coupons lost in natural disasters if it provides
17evidence acceptable to the department that the coupons were destroyed and not
18redeemed.
SB27-SSA1,650,2219
(c) A county,
multicounty consortium, or federally recognized American Indian
20tribe is liable for food stamp coupons mailed to residents of the county
or counties
21that are in the multicounty consortium or members of the tribe and lost in the mail
22due to incorrect information submitted to the department by the county or tribe.
SB27-SSA1,651,424
49.79
(4) Deductions from county income maintenance payments. The
25department shall withhold the value of food stamp losses for which a county
,
1multicounty consortium, or federally recognized American Indian tribe is liable
2under sub. (3) from the payment to the county
, multicounty consortium, or tribe
3under income maintenance contracts under s. 49.78 and reimburse the federal
4government from the funds withheld.
SB27-SSA1,651,116
49.79
(8) Benefits for qualified aliens. The department shall
not provide
7benefits under this section to a qualified alien
who is ineligible for benefits under this
8section solely because of the application of 9 USC 1612 or 1613 according to a plan
9approved by the federal department of agriculture. This subsection does not apply,
10except to the extent that federal food stamp benefits for qualified aliens are
restored 11required by the federal government.
SB27-SSA1,651,2313
49.79
(9) (a) 1. The department shall administer an employment and training
14program for recipients under the food stamp program and may contract
under s.
1549.78 with county departments under ss. 46.215, 46.22, and 46.23,
multicounty
16consortia, and with tribal governing bodies to carry out the administrative functions.
17The department may contract, or a county department
, multicounty consortium, or
18tribal governing body may subcontract, with a Wisconsin Works agency or another
19provider to administer the employment and training program under this subsection.
20Except as provided in subds. 2. and 3., the department may require able individuals
21who are 18 to 60 years of age who are not participants in a Wisconsin Works
22employment position to participate in the employment and training program under
23this subsection.
SB27-SSA1,652,6
149.793
(1) The department or a county
or, a multicounty consortium, as defined
2in s. 49.78 (1) (br), or an elected governing body of a federally recognized American
3Indian tribe or band acting on behalf of the department, may recover overpayments
4that arise from an overissuance of food coupons under the food stamp program
5administered under s. 46.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in
6accordance with
7 USC 2022.
SB27-SSA1,652,168
49.793
(2) (a) Except as provided in par. (b), a county
, multicounty consortium,
9as defined in s. 49.78 (1) (br), or governing body of a federally recognized American
10Indian tribe may retain a portion of the amount of an overpayment the state is
11authorized to retain under
7 USC 2025 that is recovered under sub. (1) due to the
12efforts of an employee or officer of the county
, multicounty consortium, or tribe. The
13department shall promulgate a rule establishing the portion of the amount of the
14overpayment that the county
, multicounty consortium, or governing body may
15retain. This paragraph does not apply to recovery of an overpayment that was made
16as a result of state, county,
multicounty consortium, or tribal governing body error.
SB27-SSA1,652,1918
49.795 (1) (cm) "Multicounty consortium" has the meaning given in s. 49.78 (1)
19(br).
SB27-SSA1,652,2321
49.795
(1) (e) 1. An employee or officer of the federal government, the state, a
22county
, a multicounty consortium, or a federally recognized American Indian tribe
23acting in the course of official duties in connection with the food stamp program.
SB27-SSA1,653,3
149.795
(1) (e) 2. A person acting in the course of duties under a contract with
2the federal government, the state, a county
, a multicounty consortium, or a federally
3recognized American Indian tribe in connection with the food stamp program.
SB27-SSA1,653,95
49.795
(8) (d) 2. The person may apply to the
county department under s.
646.215, 46.22 or 46.23 multicounty consortium or the federally recognized American
7Indian tribal governing body or, if the person is a supplier, to the federal department
8of agriculture for reinstatement following the period of suspension, if the suspension
9is not permanent.
SB27-SSA1,653,1711
49.797
(8) County participation; exception. The department may not require
12a
county multicounty consortium, as defined in s. 49.78 (1) (br), or tribal governing
13body to participate in an electronic benefit transfer system under this section if the
14costs to the
county multicounty consortium or tribal governing body would be greater
15than the costs that the
county multicounty consortium or tribal governing body
16would incur in delivering the benefits through a system that is not an electronic
17benefit transfer system.
SB27-SSA1, s. 1544m
18Section 1544m. 49.825 (2) (d) 1. of the statutes is renumbered 49.825 (2) (d)
19and amended to read:
SB27-SSA1,653,2320
49.825
(2) (d) The department shall reimburse the county for all approved,
21allowable costs
that exceed the amounts specified in subd. 2. and that are incurred
22by the county under a contract with the department for the operation of the public
23assistance programs under par. (a) in the county.
SB27-SSA1,654,7
149.825
(3) (a) Supervisory personnel in the unit shall be state employees.
2Nonsupervisory staff performing services under this section for the unit may be a
3combination of state employees and employees of Milwaukee County.
For the
4performance of services under this section for the unit, the county shall maintain no
5fewer represented authorized full-time employee positions than the number of
6represented full-time employee positions that were authorized on February 1, 2009,
7for performance of the same types of services.