SB400,61,422
49.143
(2z) Wisconsin works; education Education and training. A Wisconsin
23works Works agency shall
do all of the following: (1) Establish
establish a referral
1relationship with other employment and training programs for participants to make
2use of varied education and training opportunities available through integrated job
3centers, as defined by the department by rule
. (3) Encourage, and encourage 4employers to make training sites available on the business site for participants.
Note: Moves education and training requirements for Wisconsin Works agencies
to the section on Wisconsin Works contracts.
SB400, s. 130
5Section
130. 49.15 (3) (a) of the statutes is amended to read:
SB400,61,66
49.15
(3) (a) Unsubsidized employment
, as defined in s. 49.147 (1) (c).
SB400, s. 131
7Section
131. 49.151 (2) of the statutes is renumbered 49.151 (2) (a) (intro.) and
8amended to read:
SB400,61,189
49.151
(2) (a) (intro.) If a
court finds or it is determined after an administrative
10hearing Wisconsin Works agency determines that an individual
who is a member of
11a Wisconsin works group applying for or receiving benefits under
s. 49.138 or ss.
1249.141 to 49.161, for the purpose of establishing or maintaining eligibility for those
13benefits or for the purpose of increasing the value of those benefits, has
intentionally
14violated, on 3 separate occasions, committed an intentional program violation
15related to any provision in
s. 49.138 or ss. 49.141 to 49.161 or any rule promulgated
16under those sections, the Wisconsin
works Works agency
or the department may
17permanently deny benefits under
s. 49.138 or ss. 49.141 to 49.161 to the individual
. 18as follows:
SB400, s. 132
19Section
132. 49.151 (2) (a) 1., 2. and 3. and (b) of the statutes are created to
20read:
SB400,61,2121
49.151
(2) (a) 1. For a first intentional program violation, for 6 months.
SB400,61,2222
2. For a 2nd intentional program violation, for one year.
SB400,61,2323
3. For a 3rd intentional program violation, permanently.
SB400,62,5
1(b) An individual who is denied benefits under par. (a) may request a review
2of the determination following the procedure under s. 49.152 or, if the denial is based
3upon a violation of s. 49.155, may request a contested case hearing under ch. 227 by
4filing a request for a hearing with the department within 30 days after the date of
5the denial.
Note: Clarifies that a Wisconsin Works agency determines whether a person has
intentionally violated a provision of the Wisconsin Works program. The bill also applies
this provision to the emergency assistance program.
Under the bill, as under current law, a person who commits 3 intentional program
violations may be permanently denied benefits. Additionally, under the bill, a person may
be denied benefits for 6 months for one intentional program violation and one year for a
second intentional program violation.
Under the bill, each determination of a violation may be reviewed.
SB400, s. 133
6Section
133. 49.152 (title) of the statutes is amended to read:
SB400,62,7
749.152 (title)
Review of Wisconsin Works agency decisions.
SB400,62,2010
49.152
(1) Petition for review.
Any Except as provided in 49.1525, any 11individual whose application for any component of Wisconsin Works is not acted
12upon by the Wisconsin Works agency with reasonable promptness after the filing of
13the application, as defined by the department by rule, or is denied in whole or in part,
14whose benefit is modified or canceled, or who believes that the benefit was calculated
15incorrectly, that the employment position in which the individual was placed is
16inappropriate, or that providing case management services under s. 49.147 (2) (am)
17in lieu of placement in a Wisconsin Works employment position is inappropriate, may
18petition the Wisconsin Works agency for a review of such action. Review is
19unavailable if the action by the Wisconsin Works agency occurred more than 45 days
20prior to submission of the petition for review.
SB400, s. 135
1Section
135. 49.1525 of the statutes is created to read:
SB400,63,10
249.1525 Review of Wisconsin Shares decisions. (1) Petition for review. 3Any individual whose application for a child care subsidy under s. 49.155 is not acted
4upon with reasonable promptness after the filing of the application, as defined by the
5department by rule, or is denied in whole or in part, whose benefit is modified or
6canceled, or who believes that the benefit was calculated incorrectly, or any child care
7provider who is refused payment under s. 49.155 (7) or assessed a penalty under s.
849.155 (7m), may petition the department for a review of such action. Review is
9unavailable if the action occurred more than 45 days prior to submission of the
10petition for review.
SB400,63,17
11(2) Review. (a) Upon a timely petition under sub. (1), the department shall give
12the applicant, participant, or child care provider reasonable notice and opportunity
13for a review. The department shall render its decision as soon as possible after the
14review and shall send by 1st class mail a certified copy of its decision to the
15last-known address of the applicant, participant or child care provider. The
16department shall deny a petition for a review or shall refuse to grant relief if the
17petitioner does any of the following:
SB400,63,1818
1. Withdraws the petition in writing.
SB400,63,2119
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear
20in person or by representative at a scheduled review without good cause, as defined
21by the department by rule.
SB400,63,2322
(b) The petitioner may request a review of the department's decision under ch.
23227 within 21 days of the date on which the decision of the department is mailed.
SB400,64,4
24(3) Remedies. If, following review under sub. (2), the department determines
25that a participant's child care subsidy benefit was improperly modified, canceled, or
1refused, or was calculated incorrectly, the department shall restore the benefit to the
2level determined to be appropriate by the department retroactive to the date on
3which the benefit was first improperly modified, canceled, refused, or incorrectly
4calculated.
Note: Creates a new section governing the review of department decisions related
to the Wisconsin Shares program.
Note: Moves provisions relating to notice before taking certain actions by a
Wisconsin Works agency so that it precedes the section relating to review of agency
decisions.
SB400, s. 137
7Section
137. 49.155 (1) (ag) and (d) of the statutes are repealed.
Note: Repeals definitions for the terms "child care provider" and "tribal governing
body". The term "child care provider" is defined at the beginning of the chapter, in s.
49.001 (1). The term "tribal governing body" is created in Section of the bill.
SB400, s. 138
8Section
138. 49.155 (1) (ah) of the statutes is amended to read:
SB400,64,119
49.155
(1) (ah) "County department or agency" means a county department
10under s. 46.215, 46.22, or 46.23, the unit, as defined in s.
49.825 49.009 (1) (e), or a
11Wisconsin Works agency, child care resource and referral agency, or other agency.
SB400, s. 139
12Section
139. 49.155 (1g) (bc), (d) and (e) of the statutes are amended to read:
SB400,64,1413
49.155
(1g) (bc) Grants under s.
49.134 49.204 (2) for child care resource and
14referral services, in the amount of at least $1,298,600 per fiscal year.
SB400,64,1515
(d) Grants under s.
49.137 49.207 (4m).
SB400,64,1616
(e) Contracts under s.
49.137 49.207 (4) for training and technical assistance.
SB400, s. 140
17Section
140. 49.155 (1m) (intro.), (a) 1., 1m. (intro.) and 3m. of the statutes are
18amended to read:
SB400,65,519
49.155
(1m) Eligibility. (intro.) Except as provided in s.
49.155 sub. (3g), the
20department shall contract with a county department or agency to determine the
1eligibility of individuals residing in a particular geographic region or who are
2members of a particular Indian tribal unit for child care subsidies under this section.
3Under this section, an individual may receive a subsidy for child care for a child who
4has not attained the age of 13 or, if the child is disabled, who has not attained the age
5of 19, if the individual meets all of the following conditions:
SB400,65,66
(a) 1. Meet the school attendance requirement under s.
49.26 49.198 (1) (ge).
SB400,65,117
1m. (intro.) Obtain a high school diploma or participate in a course of study
8meeting the standards established by the state superintendent of public instruction
9for the granting of a declaration of equivalency of high school graduation, if the
10individual is not subject to the school attendance requirement under s.
49.26 49.198 11(1) (ge) and at least one of the following conditions is met:
SB400,65,1412
3m. Participate in a job search or work experience component of the
food stamp 13supplemental nutrition assistance employment and training program under s. 49.79
14(9).
SB400, s. 141
15Section
141. 49.155 (3g) (a) (intro.) and (b) of the statutes are amended to read:
SB400,65,1816
49.155
(3g) (a) (intro.) The department may contract with the Milwaukee
17County enrollment services unit, as provided in s.
49.825 49.009 (2) (b), to do any of
18the following:
SB400,65,2119
(b) The department may establish a child care provider services unit, as
20provided in s.
49.826 49.011, to perform the provider services functions specified in
21s.
49.826 49.011 (2) (a).
SB400, s. 142
22Section
142. 49.155 (6m) (a) and (b) of the statutes are amended to read:
SB400,65,2523
49.155
(6m) (a) Maintain
a an accurate written record of the daily hours of
24attendance of each child for whom the provider is providing care under this section,
25including the actual arrival and departure times for each child.
SB400,66,4
1(b) Retain
on the premises of the child care provider the written daily
2attendance records under par. (a) for each child for at least 3 years after the child's
3last day of attendance, regardless of whether the child care provider is still receiving
4or eligible to receive payments under this section.
Note: Requires a child care provider participating in the Wisconsin Shares child
care subsidy program to maintain written daily attendance records that are accurate and
to retain these records on the premises of the child care provider.
SB400, s. 143
5Section
143. 49.155 (7) (b) 4. of the statutes is renumbered 49.155 (7) (c) and
6amended to read:
SB400,66,137
49.155
(7) (c) The
department or a county department under s. 46.215, 46.22,
8or 46.23 may refuse to pay a child care provider for child care provided under this
9section if the department or county department reasonably suspects that the person
10has violated any provision under the program under this section or any rule
11promulgated under this section.
Within 30 working days of the initial refusal of
12payment under this paragraph, the department shall either initiate an action to
13withhold payments under sub. (7m) or resume payments to the child care provider.
Note: Specifies that DCF may suspend Wisconsin Shares payments based upon
a reasonable suspicion of a program violation, but must either initiate an action to
suspend payments within 30 days or resume payment after 30 days.
SB400, s. 144
14Section
144. 49.159 (2) of the statutes is amended to read:
SB400,67,215
49.159
(2) Minor custodial parents; financial and employment counseling. 16A custodial parent who is under the age of 18 is eligible, regardless of that
17individual's or that individual's parent's income or assets, to meet with a financial
18and employment planner. The financial and employment planner may provide the
19individual with information regarding Wisconsin
works
Works eligibility, available
20child care services, employment and financial planning, family planning services, as
21defined in s. 253.07 (1) (b), community resources, eligibility for
food stamps benefits
1under the supplemental nutrition assistance program, and other food and nutrition
2programs.
SB400, s. 145
3Section
145. 49.161 (1) of the statutes is amended to read:
SB400,67,104
49.161
(1) Trial jobs overpayments. Notwithstanding s.
49.96 49.043, the
5department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from
6an individual who receives benefits paid under s. 49.148 (1) (a). The value of the
7benefit liable for recovery under this subsection may not exceed the amount that the
8department paid in wage subsidies with respect to that participant while the
9participant was ineligible to participate. The department shall promulgate rules
10establishing policies and procedures for administrating this subsection.
SB400, s. 146
11Section
146. 49.1635 of the statutes is renumbered 49.215.
SB400, s. 148
14Section
148. 49.167 of the statutes is renumbered 49.219.
SB400, s. 149
15Section
149. 49.169 of the statutes is renumbered 49.221.
SB400, s. 150
16Section
150. 49.173 (3) (a) 2. of the statutes is amended to read:
SB400,67,1817
49.173
(3) (a) 2.
Food stamp Supplemental nutrition assistance employment
18and training.
SB400, s. 151
19Section
151. 49.175 (1) (m) of the statutes is amended to read:
SB400,67,2120
49.175
(1) (m)
Children first. For services under the work experience program
21for noncustodial parents under s.
49.36 49.163, $1,140,000 in each fiscal year.
SB400, s. 152
22Section
152. 49.19 (4) (h) 1. b. of the statutes is amended to read:
SB400,68,1223
49.19
(4) (h) 1. b.
Except as provided under sub. (5) (a) 1m., when When any
24person applies for or receives aid under this section, any right of the parent or any
25dependent child to support or maintenance from any other person, including any
1right to unpaid amounts accrued at the time of application and any right to amounts
2accruing during the time aid is paid under this section, is assigned to the state. If
3a minor who is a beneficiary of aid under this section is also the beneficiary of support
4under a judgment or order that includes support for one or more children not
5receiving aid under this section, any support payment made under the judgment or
6order is assigned to the state in the amount that is the proportionate share of the
7minor receiving aid under this section, except as otherwise ordered by the court on
8the motion of a party. Amounts assigned to the state under this subd. 1. b. remain
9assigned to the state until that amount of aid paid that represents the amount due
10as support or maintenance has been recovered. No amount of support that begins
11to accrue after aid under this section is discontinued for the recipient may be
12considered assigned to this state.
Note: Deletes references to a provision that is repealed by the bill.
SB400, s. 153
13Section
153. 49.19 (5) (a) 1m., (16) and (17) of the statutes are repealed.
Note: Repeals obsolete provisions in the aid to families with dependent children
section.
SB400, s. 154
14Section
154. 49.195 (title) of the statutes is amended to read:
SB400,68,16
1549.195 (title)
Recovery of
Action to recoup aid to families with
16dependent children and, Wisconsin works Works benefits.
Note: Modifies title to distinguish from recovery of overpayments.
SB400, s. 155
17Section
155. 49.195 (3) of the statutes is renumbered 49.195 (3) (a) and
18amended to read:
SB400,69,919
49.195
(3) (a) A county, tribal governing body, Wisconsin
works Works agency
, 20or the department shall determine whether an overpayment has been made under
21s. 49.19, 49.148, 49.155
, or 49.157 and, if so, the amount of the overpayment. The
22county, tribal governing body, Wisconsin
works Works agency
, or department shall
1provide notice of the overpayment to the liable person. The department shall give
2that person an opportunity for a review following the procedure specified under s.
349.152
or 49.1525, if the person received the overpayment under
s. ss. 49.141 to
449.161, and for a hearing under ch. 227. Notwithstanding s.
49.96 49.043, the
5department shall promptly recover all overpayments made under s. 49.19, 49.148,
649.155
, or 49.157 that have not already been received under s. 49.161
or 49.19 (17) 7and shall promulgate rules establishing policies and procedures to administer this
8subsection. The rules shall include notification procedures similar to those
9established for child support collections.
Note: Adds a reference to the provision created in this bill relating to review of
Wisconsin Shares decisions.
SB400, s. 156
10Section
156. 49.195 (3) (b) of the statutes is created to read:
SB400,69,1611
49.195
(3) (b) Notwithstanding par. (a), the department shall waive recovery
12of an overpayment paid to a child care provider under s. 49.155 if the overpayment
13is a result of the child care provider's reasonable reliance on incorrect information
14provided by the county department or an agency with which the department
15contracts under s. 49.155 (1m) regarding the child care provider's eligibility for
16payment or an individual's eligibility to receive a child care subsidy under s. 49.155.
Note: Requires DCF to waive recovery of incorrect payments to a child care
provider if the child care provider provided services in reasonable reliance on information
provided to the child care provider.
SB400, s. 157
17Section
157. 49.195 (3m) (f) of the statutes is amended to read:
SB400,70,218
49.195
(3m) (f) Notwithstanding s.
49.96 49.043, at any time after the filing of
19a warrant, the department may commence and maintain a garnishee action as
20provided by ch. 812 or may use the remedy of attachment as provided by ch. 811 for
21actions to enforce a judgment. The place of trial of such an action may be either in
1Dane County or the county where the debtor resides and may not be changed from
2the county in which that action is commenced, except upon consent of the parties.
SB400, s. 158
3Section
158. 49.195 (3n) (q) 2. of the statutes is amended to read:
SB400,70,54
49.195
(3n) (q) 2. The first $1,000 of an account in a depository institution is
5exempt from any levy to recover a
benefit overpayment
debt.
Note: Replaces "benefit overpayment" with the defined term "debt" in the section
relating to recovery of aid to families with dependent children and Wisconsin Works
benefits.
SB400,71,38
49.197
(1m) Fraud investigation. From the appropriations under s. 20.437 (2)
9(dz), (kx), (L), (mc), (md), (me), and (nL), the department shall establish a program
10to investigate suspected fraudulent activity on the part of recipients of aid to families
11with dependent children under s. 49.19, on the part of participants in the Wisconsin
12Works program under ss. 49.141 to 49.161, and, if the department of health services
13contracts with the department under sub. (5), on the part of recipients of medical
14assistance under subch. IV,
food stamp benefits under the
food stamp supplemental
15nutrition assistance program under
7 USC 2011 to
2036, supplemental security
16income payments under s. 49.77, payments for the support of children of
17supplemental security income recipients under s. 49.775, and health care benefits
18under the Badger Care health care program under s. 49.665. The department's
19activities under this subsection may include, but are not limited to, comparisons of
20information provided to the department by an applicant and information provided
21by the applicant to other federal, state, and local agencies, development of an
22advisory welfare investigation prosecution standard, and provision of funds to
23county departments under ss. 46.215, 46.22, and 46.23 or multicounty consortia, as
1defined in s.
49.78 49.003 (1) (br), and to Wisconsin Works agencies to encourage
2activities to detect fraud. The department shall cooperate with district attorneys
3regarding fraud prosecutions.
Note: Repeals a definition for the term "tribal governing body," which is created
in Section 70 of the bill.
SB400, s. 161
6Section
161. 49.197 (3) of the statutes is amended to read:
SB400,71,147
49.197
(3) State error reduction activities. The department shall conduct
8activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161
9and, if the department of health services contracts with the department under sub.
10(5), the Medical Assistance program under subch. IV, the
food stamp supplemental
11nutrition assistance program under
7 USC 2011 to
2036, the supplemental security
12income payments program under s. 49.77, the program providing payments for the
13support of children of supplemental security income recipients under s. 49.775, and
14the Badger Care health care program under s. 49.665.