AB40: Bill Text

AB40,675,21 49.78 (1m) (intro.) The department shall establish an income maintenance administration unit under s. 15.02 (3) (c) 3. to administer income maintenance programs in this state, except as provided in s. 49.825 (2). Administration of income maintenance programs includes the following:

AB40, s. 1489 Section 1489. 49.78 (1m) of the statutes is created to read:

AB40,676,2 49.78 (1m) Establishment of unit. The department shall establish an income maintenance administration unit under s. 15.02 (3) (c) 3. to administer income maintenance programs in this state, except as provided in s. 49.825 (2). Administration of income maintenance programs includes the following:

AB40,676,3 (a) Receiving applications.

AB40,676,4 (b) Determining eligibility.

AB40,676,5 (c) Conducting fraud investigation and fraud prevention activities.

AB40,676,6 (d) Implementing error reduction procedures.

AB40,676,7 (e) Recovering overpayments of benefits.

AB40, s. 1490 Section 1490. 49.78 (1p) of the statutes is created to read:

AB40,676,13 49.78 (1p) Income maintenance administration unit contracts. The department may contract with a public or private entity to provide the income maintenance administrative services described in sub. (1m). A contract to provide income maintenance administrative services under this section is exempt from subch. IV of ch. 16.

AB40, s. 1491 Section 1491. 49.78 (1r) of the statutes is created to read:

AB40,676,19 49.78 (1r) Administration by a tribal governing body. A tribal governing body may administer income maintenance programs by electing to have the unit administer the tribe's income maintenance programs or by providing the required administrative services and entering into a contract with the department for reimbursement under sub. (2).

AB40, s. 1492 Section 1492. 49.78 (2) of the statutes is amended to read:

AB40,677,2 49.78 (2) Contracts with a tribal governing body. Annually, for the income maintenance administrative program functions, if any, that the department delegates to a county or tribal governing body, the department and county department under s. 46.215, 46.22, or 46.23 shall enter into a contract, and the department and tribal governing body may enter into a contract, for reimbursement of the county department or tribal governing body for the reasonable cost of administering income maintenance programs.

AB40, s. 1493 Section 1493. 49.78 (4) of the statutes is renumbered 49.19 (19g) (a) and amended to read:

AB40,677,12 49.19 (19g) (a) Rules; merit system. The department of children and families shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section subsection relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection paragraph shall not be construed to invalidate the provisions of s. 46.22 (1) (d).

AB40, s. 1494 Section 1494. 49.78 (5) of the statutes is renumbered 49.19 (19g) (b) and amended to read:

AB40,677,22 49.19 (19g) (b) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the office of state employment relations. The office of state employment relations shall be reimbursed for actual expenditures incurred in the performance of its functions under this section subsection from the appropriations available to the department of children and families for administrative expenditures.

AB40, s. 1495 Section 1495. 49.78 (6) (title) of the statutes is repealed.

AB40, s. 1496 Section 1496. 49.78 (6) of the statutes is renumbered 49.19 (19g) (c).

AB40, s. 1497 Section 1497. 49.78 (7) of the statutes is renumbered 49.19 (19g) (d) and amended to read:

AB40,678,7 49.19 (19g) (d) County personnel systems. Pursuant to rules promulgated under sub. (4) par. (a), the department of children and families where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the authority of the department of children and families under sub. (4) par. (a) to establish and maintain personnel standards including salary levels.

AB40, s. 1498 Section 1498. 49.78 (8) (a) of the statutes is amended to read:

AB40,678,18 49.78 (8) (a) From the appropriation accounts appropriations under s. 20.435 (4) (bn) (bm) and (nn) and subject to par. (b), the department shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs, including conducting fraud prevention activities. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn) (bm) and (nn) by contract under sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 or 49.845.

AB40, s. 1499 Section 1499. 49.78 (8) (b) of the statutes is amended to read:

AB40,678,24 49.78 (8) (b) The department may adjust the amounts determined under par. (a) for workload changes and computer network activities performed by a county or tribal governing body and may reduce the amount of any reimbursement if federal reimbursement is withheld due to audits, quality control samples, or program reviews.

AB40, s. 1500 Section 1500. 49.78 (10) (title) of the statutes is amended to read:

AB40,679,1 49.78 (10) (title) County Tribal governing body certification.

AB40, s. 1501 Section 1501. 49.78 (10) (a) of the statutes is amended to read:

AB40,679,13 49.78 (10) (a) Each county treasurer and director of a county department under s. 46.215, 46.22, or 46.23 that contracts with the department under sub. (2) and each Each tribal governing body that contracts with the department under sub. (2) shall certify monthly under oath to the department in such manner as the department prescribes the claim of the county or tribal governing body for state reimbursement under sub. (8) (a). The department shall review each claim of reimbursement and, if the department approves the claim, the department shall certify to the department of administration for reimbursement to the county or tribal governing body for amounts due under sub. (8) (a) and payment claimed to be made to the counties or tribal governing bodies monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

AB40, s. 1502 Section 1502. 49.78 (10) (b) of the statutes is amended to read:

AB40,679,22 49.78 (10) (b) To facilitate prompt reimbursement, the certificate of the department may be based on the certified statements of the county officers or tribal governing body executives filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties tribal governing bodies owed funds as a result of any audit adjustment. By September 30 annually, the department shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.

AB40, s. 1503 Section 1503 . 49.785 (1) (intro.) of the statutes is amended to read:

AB40,680,6 49.785 (1) (intro.) Except as provided in sub. (1m) and subject to s. 49.825, if any recipient specified in sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the department or county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

AB40, s. 1504 Section 1504 . 49.785 (1) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,680,15 49.785 (1) (intro.) Except as provided in sub. (1m), if any recipient specified in sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the department or county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

AB40, s. 1505 Section 1505. 49.785 (1c) (a) of the statutes is amended to read:

AB40,680,18 49.785 (1c) (a) A recipient of benefits under s. 49.77, 2009 stats., or s. 49.148, 49.39, or 49.46, or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980.

AB40, s. 1506 Section 1506. 49.785 (1m) (a) of the statutes is amended to read:

AB40,680,23 49.785 (1m) (a) If the total cemetery expenses for the recipient exceed $3,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under sub. (1) (a).

AB40, s. 1507 Section 1507. 49.785 (1m) (b) of the statutes is amended to read:

AB40,681,4 49.785 (1m) (b) If the total funeral and burial expenses for the recipient exceed $4,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under sub. (1) (b).

AB40, s. 1508 Section 1508. 49.785 (1m) (c) of the statutes is amended to read:

AB40,681,9 49.785 (1m) (c) If a request for payment under sub. (1) is made more than 12 months after the death of the recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for cemetery, funeral, or burial expenses.

AB40, s. 1509 Section 1509. 49.785 (2) of the statutes is amended to read:

AB40,681,21 49.785 (2) From the appropriation under s. 20.435 (4) (bn) (br), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1) if the county or applicable tribal governing body or organization complies with sub. (3). From the appropriation under s. 20.435 (4) (bn) (br), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for a person described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances and if the county or applicable tribal governing body or organization complies with sub. (3).

AB40, s. 1510 Section 1510 . 49.785 (2) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,682,9 49.785 (2) From the appropriation under s. 20.435 (4) (br), the department shall reimburse a county or an applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1) if the county or applicable tribal governing body or organization complies with sub. (3). From the appropriation under s. 20.435 (4) (br), the department shall reimburse a county or an applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for a person described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances and if the county or applicable tribal governing body or organization complies with sub. (3).

AB40, s. 1511 Section 1511. 49.785 (3) (intro.) of the statutes is amended to read:

AB40,682,14 49.785 (3) (intro.) As a condition for reimbursement under sub. (2) for amounts paid on behalf of a deceased recipient, a county or an applicable tribal governing body or organization shall provide to the department all of the following information with respect to the deceased recipient:

AB40, s. 1512 Section 1512. 49.785 (3) (c) of the statutes is amended to read:

AB40,682,18 49.785 (3) (c) The total amount of each of the expenses under pars. (a) and (b) that the county or tribal governing body or organization paid on behalf of the deceased recipient.

AB40, s. 1513 Section 1513. 49.79 (title) of the statutes is renumbered 49.37 (title) and amended to read:

AB40,682,22 49.37 (title) Food stamp Supplemental nutrition assistance program administration.

AB40, s. 1514 Section 1514. 49.79 (1) (intro.) of the statutes is renumbered 49.37 (1) (intro.).

AB40, s. 1515 Section 1515. 49.79 (1) (a) of the statutes is renumbered 49.37 (1) (a).

AB40, s. 1516 Section 1516. 49.79 (1) (c) of the statutes is renumbered 49.37 (1) (f) and amended to read:

AB40,683,5 49.37 (1) (f) "Food stamp program Supplemental nutrition assistance program" means the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036.

AB40, s. 1517 Section 1517. 49.79 (1) (f) of the statutes is renumbered 49.37 (1) (c).

AB40, s. 1518 Section 1518. 49.79 (1) (g) of the statutes is renumbered 49.37 (1) (g).

AB40, s. 1519 Section 1519. 49.79 (2) of the statutes is renumbered 49.37 (2) and amended to read:

AB40,683,13 49.37 (2) Denial of eligibility. An individual who fails to comply with the work requirements of the employment and training program under sub. (9) is ineligible to participate in the food stamp supplemental nutrition assistance program as specified under sub. (9) (b).

AB40, s. 1520 Section 1520. 49.79 (3) (title) of the statutes is renumbered 49.37 (3) (title) and amended to read:

AB40,683,16 49.37 (3) (title) Liability for lost food coupons misappropriated benefits .

AB40, s. 1521 Section 1521. 49.79 (3) (a) of the statutes is amended to read:

AB40,683,20 49.79 (3) (a) A county or federally recognized American Indian tribe is liable for all food stamp coupons lost, misappropriated, or destroyed while under the county's or tribe's direct control, except as provided in par. (b).

AB40, s. 1522 Section 1522. 49.79 (3) (a) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.37 (3) (a) and amended to read:

AB40,684,2 49.37 (3) (a) A federally recognized American Indian tribe is liable for all food stamp coupons lost, supplemental nutrition assistance program benefits that are misappropriated, or destroyed while under the tribe's direct control, except as provided in par. (b).

AB40, s. 1523 Section 1523. 49.79 (3) (b) of the statutes is amended to read:

AB40,684,6 49.79 (3) (b) A county or federally recognized American Indian tribe is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.

AB40, s. 1524 Section 1524. 49.79 (3) (b) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40, s. 1525 Section 1525. 49.79 (3) (c) of the statutes is amended to read:

AB40,684,13 49.79 (3) (c) A county or federally recognized American Indian tribe is liable for food stamp coupons mailed to residents of the county or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.

AB40, s. 1526 Section 1526. 49.79 (3) (c) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.37 (3) (c) and amended to read:

AB40,684,19 49.37 (3) (c) A federally recognized American Indian tribe is liable for food stamp coupons mailed supplemental nutrition assistance program benefits incorrectly transferred to members of the tribe and lost in the mail due to incorrect information submitted to the department by the tribe.

AB40, s. 1527 Section 1527. 49.79 (4) of the statutes is amended to read:

AB40,684,25 49.79 (4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (3) from the payment to the county or tribe under income maintenance contracts under s. 49.78 and reimburse the federal government from the funds withheld.

AB40, s. 1528 Section 1528. 49.79 (4) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.37 (4) and amended to read:

AB40,685,8 49.37 (4) Deductions from income maintenance payments. The department shall withhold the value of food stamp any losses for which a federally recognized American Indian tribe is liable under sub. (3) from the payment to the tribe under income maintenance contracts under s. 49.78 contracts for the administration of the supplemental nutrition assistance program and reimburse the federal government from the funds withheld.

AB40, s. 1529 Section 1529. 49.79 (5) (title) of the statutes is renumbered 49.37 (5) (title).

AB40, s. 1530 Section 1530. 49.79 (5) (a) of the statutes is renumbered 49.37 (5) (a) and amended to read:

AB40,686,2 49.37 (5) (a) The department shall require an applicant for, or recipient under, the food stamp supplemental nutrition assistance program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp supplemental nutrition assistance program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.

AB40, s. 1531 Section 1531. 49.79 (5) (b) of the statutes is renumbered 49.37 (5) (b).

AB40, s. 1532 Section 1532. 49.79 (6) of the statutes is renumbered 49.37 (6) and amended to read:

AB40,686,9 49.37 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp supplemental nutrition assistance program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.