1995 Wisconsin Act 27

27,2837 Section 2837 . 49.174 of the statutes is renumbered 49.729 and amended to read:

49.729 (title) Fees County infirmaries; fees and expenses of proceedings. The fees of examining physicians, witnesses and guardians ad litem and other expenses of proceedings under ss. 49.171 to 49.173 49.72 to 49.726 shall be governed by s. 51.20 (18).

27,2838 Section 2838 . 49.175 (title) of the statutes is renumbered 49.73 (title) and amended to read:

49.73 (title) Residential care institution institutions; establishment.

27,2839 Section 2839 . 49.175 (1) of the statutes is renumbered 49.73 (1).

27,2840 Section 2840 . 49.175 (2) of the statutes is renumbered 49.73 (2).

27,2841 Section 2841 . 49.175 (3) of the statutes is renumbered 49.73 (3).

27,2842 Section 2842 . 49.175 (4) of the statutes is renumbered 49.73 (4).

27,2843 Section 2843 . 49.175 (6) of the statutes is renumbered 49.73 (6).

27,2844 Section 2844 . 49.177 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.77.

27,2846b Section 2846b. 49.177 (2) (a) 3. of the statutes is renumbered 49.177 (2) (a) 3. (intro.) and amended to read:

49.177 (2) (a) 3. (intro.) Any needy person or couple residing in this state whose income, after deducting income excludable under federal Title XVI, is less than the combined benefit level available under federal Title XVI and this section., if at least one of the following requirements are met:

27,2846c Section 2846c. 49.177 (2) (a) 3. a. and b. of the statutes are created to read:

49.177 (2) (a) 3. a. The person or couple was eligible for a state supplement under this section based on the last federal eligibility determination prior to January 1, 1996, but was not eligible to receive a payment under federal Title XVI on that date.

b. In at least one month after January 1, 1996, the person or couple was eligible to receive a payment under federal Title XVI.

27,2848 Section 2848 . 49.177 (2) (b) of the statutes is renumbered 49.177 (2m) and amended to read:

49.177 (2m) (title) Supplemental payment levels. The department may submit a proposal to change the amount of supplemental payments under this section to the secretary of administration. If the secretary of administration approves the proposal, he or she shall submit it to the joint committee on finance for approval, modification or disapproval. Joint committee on finance approval of a change in the amount of supplemental payments will be considered to be given, if within 14 calendar days after the secretary of administration files a proposal with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposal. Payment changes approved by the joint committee on finance are subject to the approval of the governor. Following action by the joint committee on finance, the governor shall have 10 days, not including Sundays, to communicate approval or disapproval in writing. If no action is taken by the governor within that time, the decision of the joint committee on finance shall take effect. The procedures under s. 13.10 do not apply to this paragraph subsection.

27,2849 Section 2849 . 49.177 (3g) of the statutes is amended to read:

49.177 (3g) Federal payments. If federal supplemental security income payments increase, the department may, with approval as provided under sub. (2) (b) (2m), reduce payments under this section by all or part of the amount of the increase, subject to 42 USC 1382g.

27,2850 Section 2850 . 49.178 of the statutes is renumbered 49.74 and amended to read:

49.74 Institutions subject to chapter 150. Any institution created under the authority of s. 49.14, 49.16, 49.171 or 49.175 49.70, 49.71, 49.72 or 49.73 is subject to ch. 150.

27,2851 Section 2851 . The unnumbered subchapter title preceding 49.19 of the statutes is repealed.

27,2852 Section 2852 . 49.19 (1) (a) 2. b. of the statutes is amended to read:

49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child-caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under s. 46.215, 46.22 or 46.23, by the department of health and social services, by the department of corrections or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

27,2853 Section 2853 . 49.19 (4) (g) 1. and 2. of the statutes are amended to read:

49.19 (4) (g) 1. If the pregnancy is medically verified, a pregnant woman receiving aid under this section who notifies the county department under s. 46.215 or 46.22 before the 7th 8th month of pregnancy begins shall receive a monthly payment determined under sub. (11) (a) 4. from the first day of the month in which the 7th 8th month of pregnancy begins, in addition to the payment determined according to family size under sub. (11) (a). If the recipient provides notification after the 7th 8th month of pregnancy begins, the woman shall receive the additional monthly payment determined under sub. (11) (a) 4. beginning with the first day of the month following notification.

2. Aid to a pregnant woman who is otherwise eligible but has no children is available from the first day of the month in which the 7th 8th month of pregnancy begins or the date the woman submits a signed and completed application for aid to the county department under s. 46.215 or 46.22, whichever is later, if the pregnancy is medically verified. The pregnant woman has a family size of one for grant determination purposes under sub. (11) (a) and is additionally eligible for a monthly payment determined under sub. (11) (a) 4.

27,2861 Section 2861 . 49.19 (5) (d) of the statutes is amended to read:

49.19 (5) (d) The department shall reimburse the county for the funeral, burial and actual cemetery expenses of a dependent child or the child's parents as provided in s. 49.30.

27,2862 Section 2862 . 49.19 (10) (a) of the statutes is amended to read:

49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 49.52 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

27,2863 Section 2863 . 49.19 (10) (d) of the statutes is amended to read:

49.19 (10) (d) Aid may also be paid under this section to a foster home or treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and social services or the department of corrections.

27,2865b Section 2865b. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.435 (4) 20.445 (3) (d) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

27,2865m Section 2865m. 49.19 (11) (b) (intro.) of the statutes is amended to read:

49.19 (11) (b) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by federal regulations, including 45 CFR 233.120. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, shall not exceed $150 per family member based on the funding available under s. 20.435 (4) (dc) and (p). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this paragraph in cases of homelessness may be used only to obtain a permanent living accommodation. For the purposes of this paragraph, a family is considered to be homeless if any of the following applies:

27,2865n Section 2865n. 49.19 (11) (b) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.19 (11) (b) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by federal regulations, including 45 CFR 233.120. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.435 (4) 20.445 (3) (dc) and (p). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this paragraph in cases of homelessness may be used only to obtain a permanent living accommodation. For the purposes of this paragraph, a family is considered to be homeless if any of the following applies:

27,2866 Section 2866 . 49.19 (11m) (a) of the statutes is amended to read:

49.19 (11m) (a) The department shall apply to the secretary of the federal department of health and human services for approval of a demonstration project under which the department provides a person eligible for aid under this section who is described in par. (am) with monthly payments, for the first 6 months that he or she lives in this state, calculated on the basis of the aid to families with dependent children benefit level in the state in which the family most recently resided for one month or longer. The department shall promulgate a rule, which it shall update annually, establishing the methods and identifying the factors that the department will use to determine the aid to families with dependent children benefit that will be paid under the demonstration project according to family size and state of former residence. The rule shall also establish the initial benefit table to be used in determining benefits under the demonstration project. The department shall publish annual changes to this benefit table in the Wisconsin administrative register. The department shall base the benefit for a family on the aid to families with dependent children benefit available to a typical family of the same size in the other state, taking into account all factors that may affect the amount of the benefit. The rule shall specify the factors that the department uses to establish the benefit for participants in the demonstration project. If a family moves from a state that allows a family to keep a different amount of income without reducing benefits than a family would be allowed to keep in this state, the department shall allow the family to keep a similar amount of income without reducing benefits.

27,2867 Section 2867 . 49.19 (11m) (am) (intro.) of the statutes is amended to read:

49.19 (11m) (am) (intro.) Under the demonstration project, a person is subject to receiving the payments under par. (a) if he or she has not previously resided in this state for at least 6 consecutive months and either:

27,2870 Section 2870 . 49.19 (16) of the statutes is amended to read:

49.19 (16) The department shall provide written notice of the penalties under s. 49.123 (2) 49.29 to each applicant for aid under this section at the time of application and to each person who receives aid under this section on June 18, 1992, at the time of the next redetermination of the person's eligibility.

27,2871 Section 2871 . 49.19 (17) of the statutes is amended to read:

49.19 (17) The department may recover an overpayment of aid under this section from an overpaid family who continues to receive aid by reducing the amount of the family's monthly aid payment by no more than 10% of the maximum monthly payment allowance under sub. (11) for a family of that size, in the case of overpayments of aid resulting from an intentional violation of ss. 49.19 to 49.41 or the rules promulgated under those sections by a member of the family receiving the overpayment, and by no more than 7% of the maximum monthly payment allowance under sub. (11) for a family of that size, in all other cases.

27,2872 Section 2872 . 49.191 (title) of the statutes is created to read:

49.191 (title) Aid to families with dependent children child care funding.

27,2875 Section 2875 . 49.193 (2) (b) 2. of the statutes is amended to read:

49.193 (2) (b) 2. A custodial parent under the age of 24 who has not graduated from a public or private high school or obtained a declaration of equivalency of high school graduation under s. 115.29 (4) and who, at the time of application for aid under s. 49.19, is not enrolled in school, as defined in s. 49.50 (7) (a) 49.26 (1) (a) 2.

27,2879g Section 2879g. 49.193 (4) (k) 1m. of the statutes is created to read:

49.193 (4) (k) 1m. Alcohol and other drug abuse prevention and treatment programs.

27,2879m Section 2879m. 49.193 (4m) of the statutes is created to read:

49.193 (4m) Alcohol and other drug abuse prevention and treatment waiver. (a) The department shall request a waiver from the federal department of health and human services to permit the department to do all of the following:

1. Require participation in an alcohol and other drug abuse prevention or treatment program as part of the jobs opportunities and basic skills program.

2. Sanction, in accordance with rules promulgated under this subdivision, a person who fails, without good cause, to participate in an alcohol and other drug abuse prevention or treatment program as assigned.

(b) If the waiver under par. (a) is granted, the department may implement the provisions of the waiver.

27,2879mn Section 2879mn. 49.193 (5) (a) of the statutes is amended to read:

49.193 (5) (a) The department shall establish a work supplementation component in an area in which a development zone, development opportunity zone or enterprise development zone is designated under subch. VI of ch. 560, upon the request of the local governing body, as defined in s. 560.70 (4), of the area.

27,2879mp Section 2879mp. 49.193 (5) (b) (intro.) of the statutes is amended to read:

49.193 (5) (b) (intro.) Upon notification from the department of development under s. 560.75 (11), 560.795 (3) (e) or 560.797 (4) (e) that a development zone, development opportunity zone or enterprise development zone has been designated, the department shall do all of the following:

27,2879mq Section 2879mq. 49.193 (5) (b) 1. of the statutes is amended to read:

49.193 (5) (b) 1. Provide the department of development with information about whether a work supplementation component is established in the area where the development zone, development opportunity zone or enterprise development zone is located.

27,2879mr Section 2879mr. 49.193 (5) (b) 2. of the statutes is amended to read:

49.193 (5) (b) 2. If a work supplementation component has been established in an area where the development zone, development opportunity zone or enterprise development zone is located, provide information about how the work supplementation component is administered.

27,2879ms Section 2879ms. 49.193 (5) (b) 3. of the statutes is amended to read:

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: