1995 Wisconsin Act 27

49.193 (5) (b) 3. With the department of development and the local governing body administering the development zone of the area, help employers in the development zone, development opportunity zone or enterprise development zone to participate in the work supplementation component.

27,2881 Section 2881 . 49.193 (8) (bm) of the statutes is amended to read:

49.193 (8) (bm) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 that receives funds to pay or reimburse child care costs under this subsection or under s. 49.50 (6e) (a) 49.191 (1) (a) may, with the approval of the department, use those funds to pay or reimburse child care costs under s. 49.50 (6e) (b), (6g) or (7) (e) 49.191 (1) (b) or (2) or 49.26 (1) (e). The department shall approve or disapprove of this use of funds under criteria established to maximize state and federal funding available for child care.

27,2882 Section 2882 . 49.193 (8) (c) of the statutes is amended to read:

49.193 (8) (c) The department may only pay child care costs under this subsection if the child care is provided by a child care provider, as defined in s. 49.50 (1).

27,2883 Section 2883 . 49.193 (9) of the statutes is amended to read:

49.193 (9) Notice concerning sanctions. Following conciliation and before imposing a sanction on a person receiving aid under s. 49.19 who fails without good cause to participate in the program under this section or to accept employment or who terminates employment or reduces earnings without good cause, the county department under s. 46.215, 46.22 or 46.23 shall notify the person in writing of the reason for the proposed sanction. The notice shall inform the person of the right to appeal under s. 49.50 (8) 49.21 (1).

27,2885 Section 2885 . 49.193 (10m) of the statutes is amended to read:

49.193 (10m) Work-first program. The department shall select Kenosha county and additional counties in which to pilot the work-first program under this subsection. The work-first program shall be conducted as part of the job opportunities and basic skills program under this section and shall be funded from s. 20.435 (4) (df) 20.445 (3) (df). The work-first program shall seek to increase the amount of job opportunities and basic skills program services provided to recipients of aid to families with dependent children and to minimize the time between the date on which a person in a pilot county first applies for aid to families with dependent children under s. 49.19 and the date on which the person begins to participate in the job opportunities and basic skills program under this section.

27,2886 Section 2886 . 49.195 (3) of the statutes is amended to read:

49.195 (3) Notwithstanding s. 49.41 49.96, the department shall promptly recover all overpayments made under s. 49.19 and shall promulgate rules establishing policies and procedures to administer this subsection.

27,2890 Section 2890. 49.197 (1m) of the statutes is amended to read:

49.197 (1m) Fraud investigation. From the appropriations under s. 20.435 (4) (de), (L), (n) and (nL) 20.445 (3) (de), (L), (n) and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under ss. 49.46 to 49.47 subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state and local agencies, development of an advisory welfare investigation prosecution standard and provision of funds to county departments under s. 46.215, 46.22 and 46.23 to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

27,2891 Section 2891 . 49.197 (3) of the statutes is amended to read:

49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in medical assistance under ss. 49.43 to 49.47 subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029. The department shall fund the activities under this section from the appropriation under s. 20.435 (4) (L) 20.445 (3) (L).

27,2892 Section 2892 . 49.197 (4) of the statutes is amended to read:

49.197 (4) County and tribal error reduction. The department shall provide funds from the appropriations under s. 20.435 (4) (de), (L) and (Lm) 20.445 (3) (de), (L) and (Lm) and federal matching funds from the appropriations under s. 20.435 (4) (n) and (nL) 20.445 (3) (n) and (nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under ss. 49.43 to 49.47 subch. IV, aid to families with dependent children under s. 49.19 or the food stamp program under 7 USC 2011 to 2029 to offset administrative costs of reducing payment errors in those programs.

27,2893 Section 2893 . 49.20 (3) of the statutes is amended to read:

49.20 (3) Payment. Aid under this section shall be paid from the appropriation under s. 20.435 (4) (d) 20.445 (3) (d) and shall be in an amount equal to that to which the person would be entitled under s. 49.19 if he or she were 17 years of age, except that if the person's family became ineligible for aid under s. 49.19 on the person's 18th birthday, the amount paid shall equal the amount of aid granted to a single person under s. 49.19.

27,2894 Section 2894 . 49.21 (title) of the statutes is created to read:

49.21 (title) Aid to families with dependent children hearings.

27,2895 Section 2895 . 49.25 (8) (a) of the statutes is amended to read:

49.25 (8) (a) From the appropriation under s. 20.435 (4) (ci) (cb), the department shall provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

27,2896b Section 2896b. 49.25 (8) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.25 (8) (a) From the appropriation under s. 20.435 (4) (3) (cb), the department of health and social services shall provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

27,2897 Section 2897 . 49.25 (8) (b) of the statutes is amended to read:

49.25 (8) (b) From the appropriation under s. 20.435 (4) (ci) (cb), the department shall provide funds to Milwaukee county to fund an additional family court commissioner.

27,2898b Section 2898b. 49.25 (8) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.25 (8) (b) From the appropriation under s. 20.435 (4) (3) (cb), the department of health and social services shall provide funds to Milwaukee county to fund an additional family court commissioner.

27,2898g Section 2898g. 49.26 (1) (a) 1. of the statutes is created to read:

49.26 (1) (a) 1. “Habitual truant" means a pupil who is absent from school without an acceptable excuse under ss. 118.15 and 118.16 for any of the following:

a. Part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.

b. Part or all of 10 or more days on which school is held during a school semester.

27,2898m Section 2898m. 49.26 (1) (ge) of the statutes is created to read:

49.26 (1) (ge) An individual who is subject to this paragraph fails to meet the school attendance requirement if the individual meets at least one of the following conditions:

1. The individual is either not enrolled in school or is a habitual truant.

2. During the immediately preceding semester, the individual was either not enrolled in school or was a habitual truant.

27,2898n Section 2898n. 49.26 (1) (gm) 1. of the statutes is created to read:

49.26 (1) (gm) 1. Monitor on a monthly basis the individual's school attendance.

27,2898p Section 2898p. 49.26 (1) (h) 1. am. and as. of the statutes are created to read:

49.26 (1) (h) 1. am. The individual is not enrolled in school or has more than 2 absences without an acceptable excuse under ss. 118.15 and 118.16 in any calendar month.

as. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1. am. in a hearing under s. 49.21 (1). The department shall determine by rule the criteria for good cause.

27,2898r Section 2898r. 49.26 (1) (h) 1m. a., b. and c. of the statutes are created to read:

49.26 (1) (h) 1m. a. The county department under s. 46.215, 46.22 or 46.23 complies with par. (gm) 1.

b. The individual is not enrolled in school or has more than 2 absences without an acceptable excuse under ss. 118.15 and 118.16 in any calendar month.

c. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1m. b. at a hearing under s. 49.21 (1). The department shall determine by rule the criteria for good cause.

27,2899 Section 2899 . 49.27 (2) of the statutes is amended to read:

49.27 (2) Waiver; applicability. The department shall request a waiver from the secretaries of the federal department of health and human services and the federal department of agriculture to conduct a work-not-welfare pilot program as part of the aid to families with dependent children program under s. 49.19, the food stamp program under 7 USC 2011 to 2029 and the medical assistance program under ss. 49.45 to 49.47 subch. IV. If the department receives the federal waivers and if sufficient funds are available, the department shall pilot the program, beginning on January 1, 1995, in one or more pilot counties selected by the department. If a pilot county is a county in which a demonstration project under s. 49.19 (11m) is being conducted or a county selected for participation in the parental responsibility pilot program under s. 49.25, the department shall promulgate rules regarding the relationship between the work-not-welfare pilot program and the other demonstration or pilot programs operating in the pilot counties. These rules shall provide that a person may not be required to participate in more than one of these demonstration or pilot programs at a time. Subsections (3) to (11) apply only while the waiver is in effect and the department is conducting the program.

27,2899m Section 2899m. 49.27 (4) (a) 2. of the statutes is amended to read:

49.27 (4) (a) 2. The portion of the benefit amount calculated under par. (c) 1. for the work-not-welfare group equals $0, for a reason other than a sanction under sub. (5) (f), an adult caretaker in the work-not-welfare group has earned income and the work-not-welfare group elects to apply for food coupons under 42 USC 2011 to 2029 in lieu of a cash benefit determined under this subsection.

27,2900 Section 2900 . 49.27 (4) (c) 1. e. of the statutes is amended to read:

49.27 (4) (c) 1. e. The portion of the benefit amount calculated under this subdivision is based on the average income of the work-not-welfare group, estimated prospectively for a 6-month period, except that for the first 2 months for which benefits calculated under this paragraph are paid the portion of the benefit amount calculated under this subdivision is based on the estimated average income for those first 2 months.

27,2901 Section 2901 . 49.27 (4) (d) 2. b. of the statutes is amended to read:

49.27 (4) (d) 2. b. A person in the work-not-welfare group is sanctioned under sub. (5) (f) or s. 49.12, 49.123 (2), 49.127, 49.19 (4) (h) 2. or, 49.29, 49.49 or 49.95.

27,2902 Section 2902 . 49.27 (4) (d) 2. c. of the statutes is amended to read:

49.27 (4) (d) 2. c. A person in the work-not-welfare group obtains a new source of unsubsidized employment or experiences an increase or a decrease in unsubsidized employment of 10 or more hours per week.

27,2903 Section 2903 . 49.27 (4) (d) 2. em. of the statutes is created to read:

49.27 (4) (d) 2. em. The work-not-welfare group experiences an increase or decrease in child care expenses of more than $50 per month or a change in the maximum allowable child care disregard under s. 49.19 (5) (a) 4s.

27,2904 Section 2904 . 49.27 (4) (d) 2. f. of the statutes is amended to read:

49.27 (4) (d) 2. f. The combined equity value of all of a work-not-welfare group's assets exceeds the limitation in s. 49.19 (4) (bm), except as permitted under s. 49.19 (4) (bu) or (by).

27,2905 Section 2905 . 49.27 (4) (g) 1. a. of the statutes is amended to read:

49.27 (4) (g) 1. a. The person receives or has been determined to be eligible for a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 for the month.

27,2906 Section 2906 . 49.27 (4) (g) 1. a. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.27 (4) (g) 1. a. The person receives or has been determined to be eligible for a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 49.77 for the month.

27,2907 Section 2907 . 49.27 (4) (g) 1. c. of the statutes is amended to read:

49.27 (4) (g) 1. c. The person is required to attend school as part of the learnfare program under s. 49.50 (7) 49.26.

27,2908 Section 2908 . 49.27 (5) (c) 1. of the statutes is amended to read:

49.27 (5) (c) 1. The person is ill, incapacitated or of an advanced age within the meaning of 7 42 USC 602 (a) (19) (C) (i).

27,2909 Section 2909 . 49.27 (5) (c) 3. of the statutes is amended to read:

49.27 (5) (c) 3. The person receives a supplemental security income payment under 42 USC 1381 to 1383c or a supplemental payment under s. 49.177 49.77 for that month.

27,2910 Section 2910 . 49.27 (5) (c) 5. of the statutes is amended to read:

49.27 (5) (c) 5. The person is required to attend school as part of the learnfare program under s. 49.50 (7) 49.26.

27,2911 Section 2911 . 49.27 (5) (f) of the statutes is amended to read:

49.27 (5) (f) Sanctions. If, after the first month for which a work-not-welfare group receives cash benefits determined under sub. (4), a person in the work-not-welfare group fails to meet the employment and training requirements under this subsection in a month, the work-not-welfare group may be sanctioned by reducing, or by not paying, the benefit amount determined under sub. (4) for that month. For purposes of the maximum number of monthly benefit payments permitted under sub. (4) (e), a work-not-welfare group shall be considered to have received a monthly benefit in a month in which, as a result of sanctions under this paragraph, a reduced monthly benefit or no monthly benefit is paid. The notice requirement under s. 49.193 (9) and the fair hearing and review provisions under s. 49.50 (8) 49.21 (1) apply to a sanction imposed under this paragraph.

27,2912 Section 2912 . 49.27 (6) (c) of the statutes is amended to read:

49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 46.98 (1) (am). The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.50 (6g) 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 46.98 (4) (d), or, if a higher rate is established under s. 46.98 (4) (e) and if the child care services meet the quality standards established under s. 46.98 (4) (e), the rates for child care services under this paragraph that meet those standards shall be determined under s. 46.98 (4) (e). The department shall promulgate rules for the disbursement of funds under this paragraph.

27,2914 Section 2914 . 49.27 (10) (e) of the statutes is amended to read:

49.27 (10) (e) Child support assistance. From the appropriation under s. 20.435 (4) (ci) (cb), the department may provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

27,2915b Section 2915b. 49.27 (10) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.27 (10) (e) Child support assistance. From the appropriation under s. 20.435 (4) (3) (cb), the department of health and social services may provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

27,2916 Section 2916 . 49.27 (11) (c) of the statutes is amended to read:

49.27 (11) (c) Issue food coupons in administering the food stamp program under s. 46.215 (1) (k) or 46.22 (1) (b) 5. 2. d. without regard to sub. (4) (c) 2.

27,2917 Section 2917 . 49.27 (11) (g) of the statutes is amended to read:

49.27 (11) (g) Administer the job opportunities and basic skills program under s. 49.193 and the food stamp employment and training program under s. 49.124 (1m) without regard to any of the provisions in sub. (5), including the hours-of-participation requirement under sub. (5) (d) and the sanctions provisions under sub. (5) (f).

27,2918 Section 2918 . 49.275 of the statutes is created to read:

49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter and in other matters of mutual concern under this subchapter pertaining to public welfare.

27,2919 Section 2919 . 49.29 (title) of the statutes is created to read:

49.29 (title) Loss of eligibility.

27,2920 Section 2920 . 49.30 (1) (intro.) of the statutes is amended to read: