49.78(4)
(4) 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 relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of s.
46.22 (1) (d).
49.78(5)
(5) 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 director of the bureau of merit recruitment and selection in the department of administration. The department of administration shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of children and families for administrative expenditures.
49.78(6)
(6) Personnel lists. All persons who are qualified as a result of examinations shall be certified to the counties in which they reside at the time of examination; if there are no resident qualified persons for any class of positions on the list certified to the county, appointments shall be made from available lists without regard to residence within the county.
49.78(7)
(7) County personnel systems. Pursuant to rules promulgated under sub.
(4), 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) to establish and maintain personnel standards including salary levels.
49.78(8)
(8) Reimbursement for income maintenance administration. 49.78(8)(a)(a) From the appropriations under s.
20.435 (4) (bn) and
(nn) and subject to par.
(b), the department shall provide funding to reimburse each multicounty consortium that contracts with the department under sub.
(2) and each tribal governing body that contracts with the department under sub.
(2m) for the costs of administering the income maintenance programs, including conducting fraud prevention activities, in accordance with the terms of the applicable contract. The amount of reimbursement calculated under this paragraph and par.
(b) is in addition to any reimbursement provided to a county, multicounty consortium, or tribal governing body for fraud and error reduction under s.
49.197 or
49.845.
49.78(8)(b)
(b) The department may reduce the amount of any reimbursement if federal reimbursement is withheld due to audits, quality control samples, or program reviews.
49.78(10)(a)
(a) An authorized representative from each multicounty consortium that contracts with the department under sub.
(2) and each tribal governing body that contracts with the department under sub.
(2m) shall certify monthly under oath to the department in such manner as the department prescribes the claim of the multicounty consortium 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 multicounty consortium or tribal governing body for amounts due under sub.
(8) (a) and payment claimed to be made to the multicounty consortia 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.
49.78(10)(b)
(b) To facilitate prompt reimbursement the certificate of the department may be based on the certified statements of the authorized representatives of multicounty consortia 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 or multicounty consortia 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.
49.78(11)
(11) Requirement to provide information. 49.78(11)(a)1.1. The department, a county department under s.
46.215,
46.22, or
46.23, a multicounty consortium, or a tribal governing body may request from any person in this state information it determines appropriate and necessary for determining or verifying eligibility or benefits for a recipient under any income maintenance program. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide the information within 7 days after receiving a request under this paragraph. The department, county department, multicounty consortium, or tribal governing body, or employees of any of them, may not disclose information obtained under this subdivision for any purpose not connected with the administration of the income maintenance program for which the information was requested.
49.78(11)(a)2.
2. In conjunction with any request for information under subd.
1., including a request made by subpoena under par.
(b), the department, county department, multicounty consortium, or tribal governing body shall advise the person of the time by which the information must be provided.
49.78(11)(b)
(b) The department, a county department, a multicounty consortium, or a tribal governing body may issue a subpoena, in substantially the form authorized under s.
885.02, to compel the production of financial information or other documentary evidence for determining or verifying eligibility or benefits for a recipient under any income maintenance program.
49.78(11)(c)
(c) A person is not liable to any person for any of the following:
49.78(11)(c)1.
1. Allowing access to financial or other records by the department, a county department, a multicounty consortium, or a tribal governing body in response to a request under par.
(a) or a subpoena described in par.
(b).
49.78(11)(c)2.
2. Disclosing information from financial or other records to the department, a county department, a multicounty consortium, or a tribal governing body in response to a request under par.
(a) or a subpoena described in par.
(b).
49.78(11)(c)3.
3. Any other action taken in good faith to comply with this subsection or a subpoena described in par.
(b) or to comply with a request for information or access to records from the department, a county department, a multicounty consortium, or a tribal governing body for determining or verifying eligibility or benefits for a recipient under any income maintenance program.
49.78 Cross-reference
Cross-reference: See also ch.
DHS 254, Wis. adm. code.
49.785
49.785
Funeral expenses. 49.785(1)(1)
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, from the appropriation under s.
20.435 (4) (br) the department shall pay, to the person designated by the department, all of the following:
49.785(1)(a)
(a) The lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.
49.785(1)(b)
(b) The lesser of $1,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.
49.785(1c)
(1c) All of the following are eligible recipients under this section:
49.785(1c)(b)1.
1. A pregnant woman or a child under 6 years of age with a family income not exceeding 185 percent of the poverty line at the time of death.
49.785(1c)(b)2.
2. A child at least 6 years of age but less than 19 years of age with a family income not exceeding 100 percent of the poverty line at the time of death.
49.785(1c)(b)3.
3. A parent or caretaker relative with a family income not exceeding 50 percent of the poverty line at the time of death.
49.785(1m)(a)(a) If the total cemetery expenses for the recipient exceed $3,500, the department is not required to make a payment for the cemetery expenses under sub.
(1) (a).
49.785(1m)(b)
(b) If the total funeral and burial expenses for the recipient exceed $4,500, the department is not required to make a payment for funeral and burial expenses under sub.
(1) (b).
49.785(1m)(c)
(c) If a request for payment under sub.
(1) is made more than 12 months after the death of the recipient, the department is not required to make a payment for cemetery, funeral, or burial expenses.
49.785(1m)(d)
(d) If the recipient, or the recipient's spouse or another person, owns a life insurance policy insuring the recipient's life and the face value of the policy is more than $3,000, any amount that the department would be obligated to pay under sub.
(1) shall be reduced by one dollar for every dollar by which the face value of the policy exceeds $3,000.
49.785(1r)
(1r) A funeral home, cemetery, or crematorium that receives payment under sub.
(1) shall be exempt from paying any of the following fees:
49.785(1r)(a)
(a) Fees for services rendered by a coroner or medical examiner.
49.785(1r)(b)
(b) Fees assessed for the signing of a death record by a coroner or medical examiner.
49.785(1r)(c)
(c) Fees assessed by a county related to transportation services.
49.785(2)
(2) The department shall pursue recovery of any amounts paid under sub.
(1) from the estate of the recipient and from the estate of any surviving spouse or former spouse of the recipient as provided in ss.
49.682 and
49.849.
49.785 Annotation
A cement grave liner will be considered a funeral and burial expense or a cemetery expense depending on who provides the liner; a liner provided by a funeral home constitutes a funeral and burial expense subject to the statutory payment limit.
79 Atty. Gen. 164.
49.79
49.79
Food stamp administration. 49.79(1)(1)
Definitions. In this section:
49.79(1)(am)
(am) “Able-bodied adult" means an individual who is not any of the following:
49.79(1)(am)3.
3. Determined by the department to be medically certified as physically or mentally unfit for employment, as described in
7 CFR 273.24 (c) (2).
49.79(1)(ap)
(ap) “Able-bodied adult without dependents” means an able-bodied adult who is not any of the following:
49.79(1)(ap)4.
4. A parent of a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.
49.79(1)(ap)5.
5. Residing in a household that includes a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.
49.79(1m)
(1m) Welfare recipient. An individual who is a recipient under the food stamp program is considered to be a welfare recipient for purposes of
21 USC 862b.
49.79(1p)
(1p) Eligibility; restrictions on certain assets. 49.79(1p)(a)(a) In this subsection, “elderly, blind, or disabled individual” has the meaning given for “elderly or disabled member” in
7 USC 2012 (j).
49.79(1p)(b)
(b) To the extent allowed under federal law, an individual who is not an elderly, blind, or disabled individual and who is at least 19 years of age is ineligible to participate in the food stamp program in a month in which any of the following applies:
49.79(1p)(b)2.
2. The individual owns a primary residence that is worth more than 200 percent of the statewide median home value. In calculating the home value, the value of any agricultural land owned by the individual is excluded.
49.79(1p)(b)3.
3. The combined equity value of vehicles, except those used for business purposes, owned by the individual is more than $20,000.
49.79(1p)(c)
(c) If the department promulgates a rule establishing a hardship exemption, par.
(b) does not apply to an individual who meets the criteria for a hardship exemption.
49.79(1r)(a)1.
1. “Elderly, blind, or disabled individual” has the meaning given for “elderly or disabled member” in
7 USC 2012 (j).
49.79(1r)(a)3.
3. “Liquid assets” means an individual's financial resources that are cash or can be converted to cash without incurring penalties, excluding the equity value of vehicles or of a home serving as the individual's primary residence. “Liquid assets” does not include any financial resources designated by the department by rule as excluded for the purposes of this subsection.
49.79(1r)(b)
(b) Subject to par.
(c), an individual who is not an elderly, blind, or disabled individual is ineligible to participate in the food stamp program in a month in which the household of which the individual is a member has liquid assets of more than $25,000.
49.79(1r)(c)
(c) If necessary, the department shall request a waiver from the U.S. department of agriculture to implement this subsection. If the U.S. department of agriculture disapproves the waiver request, the department may not implement this subsection.
49.79(1t)
(1t) Financial record matching program. 49.79(1t)(a)1.
1. “Account" means a demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account.
49.79(1t)(a)3.
3. “Other individual" means an individual whose resources are required by law to be disclosed to determine the eligibility of an applicant for or recipient of food stamp program benefits.
49.79(1t)(b)1.1. The department shall operate a financial record matching program under this subsection for the purpose of verifying the assets of applicants for and recipients of food stamp program benefits and other individuals.
49.79(1t)(b)2.
2. The department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this subsection. An agreement shall require the financial institution to participate in the financial record matching program by electing either the financial institution matching option under par.
(c) or the state matching option under par.
(d). Any changes to the conditions of the agreement shall be submitted by the financial institution or the department at least 60 days before the effective date of the change. The department shall furnish the financial institution with a signed copy of the agreement.
49.79(1t)(b)3.
3. The department shall reimburse a financial institution up to $125 per calendar quarter for participating in the financial record matching program under this subsection, except that a financial institution that is also participating in the financial record matching program under s.
49.45 (4m) is eligible for reimbursement under only the program under s.
49.45 (4m).
49.79(1t)(b)4.
4. To the extent feasible, the information to be exchanged under the matching program shall be provided by electronic data exchange as prescribed by the department in the agreement under subd.
2. 49.79(1t)(c)
(c)
Financial institution matching option. If a financial institution with which the department has an agreement under par.
(b) elects the financial institution matching option under this paragraph, all of the following apply:
49.79(1t)(c)1.
1. At least once each calendar quarter, the department shall provide to the financial institution, in the manner specified in the agreement under par.
(b) 2., information regarding applicants for and recipients of food stamp program benefits and other individuals. The information shall include names and social security or other taxpayer identification numbers.
49.79(1t)(c)2.
2. Based on the information received under subd.
1., the financial institution shall take actions necessary to determine whether any applicant for or recipient of food stamp program benefits or other individual has an ownership interest in an account maintained at the financial institution. If the financial institution determines that an applicant, recipient, or other individual has an ownership interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the applicant's, recipient's, or other individual's name, address of record, social security number or other taxpayer identification number, and account information. The account information shall include the account number, the account type, the nature of the ownership interest in the account, and the balance of the account at the time that the record match is made. The notice under this subdivision shall be provided in the manner specified in the agreement under par.
(b) 2. and, to the extent feasible, by an electronic data exchange.
