1995 Wisconsin Act 27

27,3084 Section 3084 . 49.50 (2) of the statutes is renumbered 49.33 (4).

27,3085 Section 3085 . 49.50 (3) of the statutes is renumbered 49.33 (5).

27,3086 Section 3086 . 49.50 (4) of the statutes is renumbered 49.33 (6).

27,3087 Section 3087 . 49.50 (5) of the statutes is renumbered 49.33 (7) and amended to read:

49.33 (7) County personnel systems. Pursuant to rules promulgated under sub. (2) (4), the department where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department's authority under sub. (2) (4) to establish and maintain personnel standards including salary levels.

27,3088 Section 3088 . 49.50 (6) of the statutes is renumbered 49.82 (1) and amended to read:

49.82 (1) (title) Department Departments to advise counties. The department of health and social services and the department of industry, labor and human relations shall advise all county officers charged with the administration of such laws of these requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and social services and the department of industry, labor and human relations shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing the same public assistance under this chapter.

27,3089c Section 3089c. 49.50 (6e) (title) of the statutes is renumbered 49.191 (1) (title) and amended to read:

49.191 (1) (title) Day Child care funds for certain recipients of aid to families of with dependent children.

27,3090 Section 3090 . 49.50 (6e) (a) of the statutes is renumbered 49.191 (1) (a).

27,3091 Section 3091 . 49.50 (6e) (b) of the statutes is amended to read:

49.50 (6e) (b) Within the limits of funds available under s. 20.435 (4) (cn) and (na) and (6) (jg), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

27,3092 Section 3092 . 49.50 (6e) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (1) (b) and amended to read:

49.191 (1) (b) Within the limits of funds available under s. ss. 20.435 (4) (cn) and (na) and (6) (3) (jg) and 20.445 (3) (cn) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

27,3093c Section 3093c. 49.50 (6g) of the statutes is renumbered 49.191 (2), and 49.191 (2) (title), as renumbered, is amended to read:

49.191 (2) (title) Day Child care funds for former recipients of aid to families with dependent children.

27,3094 Section 3094 . 49.50 (6k) (title) of the statutes is amended to read:

49.50 (6k) (title) Administration of day child care funds under the aid to families with dependent children program.

27,3095 Section 3095 . 49.50 (6k) (title) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (3) (title).

27,3096 Section 3096 . 49.50 (6k) (a) of the statutes is renumbered 49.191 (3) (a) and amended to read:

49.191 (3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall administer the funds appropriated for the purpose of providing child care under subs. (6e) (b) and (6g) (1) (b) and (2) for recipients and former recipients of aid under s. 49.19 and under sub. (7) (e) s. 49.26 (1) (e) for participants in the learnfare program. The department shall allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the purposes of this paragraph.

27,3097 Section 3097 . 49.50 (6k) (b) of the statutes is renumbered 49.191 (3) (b) and amended to read:

49.191 (3) (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under sub. (1) (a) or s. 49.193 (8) or 49.50 (6e) (a) using funds allocated under par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.

27,3098 Section 3098 . 49.50 (6k) (c) of the statutes is created to read:

49.50 (6k) (c) Notwithstanding s. 49.41, the department shall promptly recover all overpayments made under subs. (6e), (6g) and (7) (e) and ss. 49.193 (8) and 49.27 (6) (c). The department shall promulgate rules establishing policies and procedures to administer this paragraph.

27,3099 Section 3099 . 49.50 (6k) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (3) (c) and amended to read:

49.191 (3) (c) Notwithstanding s. 49.41 49.96, the department shall promptly recover all overpayments made under subs. (6e), (6g), and (7) (e) (1) and (2) and ss. 49.193 (8), 49.26 (1) (e) and 49.27 (6) (c). The department shall promulgate rules establishing policies and procedures to administer this paragraph.

27,3100c Section 3100c. 49.50 (6n) of the statutes is renumbered 49.191 (4), and 49.191 (4) (title), as renumbered, is amended to read:

49.191 (4) (title) Day Child care expenditure information.

27,3101 Section 3101 . 49.50 (7) (title) of the statutes is renumbered 49.26 (title) and amended to read:

49.26 (title) Learnfare pilot program.

27,3102b Section 3102b. 49.50 (7) (a) (intro.) of the statutes is renumbered 49.26 (1) (a) (intro.) and amended to read:

49.26 (1) (a) (intro.) In this subsection, “ school":

2. “School" means any one of the following:

27,3102c Section 3102c. 49.50 (7) (a) 1. to 4. of the statutes are renumbered 49.26 (1) (a) 2. a. to d.

27,3103b Section 3103b. 49.50 (7) (e) of the statutes is renumbered 49.26 (1) (e) and amended to read:

49.26 (1) (e) For an individual who is a recipient of aid under s. 49.19, who is the parent with whom a dependent child lives and who is either required to attend subject to the school attendance requirement under par. (g) (ge) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (d) or, if a higher rate is established under s. 46.98 (4) (e) and if the child care meets the quality standards established under s. 46.98 (4) (e), in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (e), if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.

27,3105b Section 3105b. 49.50 (7) (g) of the statutes is renumbered 49.26 (1) (g), and 49.26 (1) (g) (intro.), as renumbered, is amended to read:

49.26 (1) (g) (intro.) An individual who is a recipient of aid under s. 49.19 shall attend school to meet the participation requirements of the program under this subsection is subject to the school attendance requirement under par. (ge) if all of the following apply:

27,3109b Section 3109b. 49.50 (7) (gm) of the statutes is renumbered 49.26 (1) (gm) (intro.) and amended to read:

49.26 (1) (gm) (intro.) The first time that an individual fails to meet the requirements school attendance requirement under par. (g) (ge), the county department under s. 46.215, 46.22 or 46.23 shall offer do all of the following:

2. Offer case management services described in s. 46.62 sub. (2) to the individual and his or her family.

27,3111b Section 3111b. 49.50 (7) (h) of the statutes is renumbered 49.26 (1) (h), and 49.26 (1) (h) 1. (intro.) and c. and 1m., as renumbered, are amended to read:

49.26 (1) (h) 1. (intro.) An individual who is 6 to 12 years of age and who fails to meet the requirements school attendance requirement under par. (g) (ge) is subject to sanctions as provided by the department by rule only if all of the following apply:

c. The individual continues to fail to meet the requirements school attendance requirement under par. (g) (ge).

1m. An individual who is 13 to 19 years of age and who fails to meet the requirements school attendance requirement under par. (g) (ge) is subject to sanctions as provided by the department by rule. only if all of the following apply:

27,3115 Section 3115 . 49.50 (7) (hm) of the statutes is renumbered 49.26 (1) (hm).

27,3116b Section 3116b. 49.50 (7) (hr) of the statutes is renumbered 49.26 (1) (hr) and amended to read:

49.26 (1) (hr) If an individual required to attend subject to the school attendance requirement under par. (g) (ge) is enrolled in a public school, communications between the school district and the department or a county department under s. 46.215, 46.22 or 46.23 concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1) (a).

27,3118b Section 3118b. 49.50 (7) (i) of the statutes is renumbered 49.26 (1) (i) and amended to read:

49.26 (1) (i) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of the school attendance requirement under par. (g) (ge). Paragraphs (e) and (g) to (hr) do not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement par. (e) beginning with the fall 1987 school term, as defined under s. 115.001 (12), or on the date the waiver is effective, whichever is later.

27,3120b Section 3120b. 49.50 (7) (j) of the statutes is renumbered 49.26 (1) (j) amended to read:

49.26 (1) (j) The department shall designate 4 counties in which the school attendance requirement under par. (g) (ge) will apply to individuals who are 6 to 12 years of age. The department may phase in the requirement by age, beginning on the first day of the fall 1994 school term, as defined in s. 115.001 (12). The department shall conduct or contract for an evaluation of the expansion of the school attendance requirement under this paragraph.

27,3122 Section 3122 . 49.50 (8) of the statutes is renumbered 49.21 (1).

27,3124 Section 3124 . 49.50 (9) of the statutes is renumbered 49.21 (2).

27,3125 Section 3125 . 49.50 (10) of the statutes is renumbered 49.82 (2) and amended to read:

49.82 (2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4), of his or her social security number or that an application for a social security number has been made.

27,3126 Section 3126 . 49.50 (11) of the statutes is amended to read:

49.50 (11) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and food stamps under 7 USC 2011 to 2029 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.12 49.95 when warranted. The department shall use the state wage reporting system developed by the department of industry, labor and human relations under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks. The department of industry, labor and human relations shall cooperate with the department in supplying this information.

27,3127 Section 3127 . 49.50 (11) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,3128 Section 3128 . 49.51 of the statutes is repealed.

27,3129 Section 3129 . 49.52 (title) of the statutes is renumbered 46.495 (title) and amended to read:

46.495 (title) Reimbursement Distribution of community aids funds to counties.

27,3130 Section 3130 . 49.52 (1) (ad) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.33 (8) and amended to read:

49.33 (8) (title) Reimbursement for income maintenance administration. (a) The department shall reimburse each county for reasonable costs of income maintenance relating to the administration of the programs under this subchapter and subch. IV according to a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) by contract under s. 46.032 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

(b) The department may adjust the amounts determined under subd. 1. par. (a) for workload changes and computer network activities performed by counties.

27,3131 Section 3131 . 49.52 (1) (ad) 2. of the statutes is amended to read:

49.52 (1) (ad) 2. The department may adjust the amounts determined under subd. 1. for workload changes, administration of relief of needy Indian persons under s. 49.046 and computer network activities performed by counties.

27,3132 Section 3132 . 49.52 (1) (am) of the statutes is renumbered 46.495 (1) (am) and amended to read:

46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (4) (d) and (p) and (7) (b) and (o) for 100% of the cost of aid to families with dependent children granted under s. 49.19, for social services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 8. 1. d. and (e) 3., and for funeral expenses paid for recipients of aid under s. 49.30, a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

27,3133 Section 3133 . 49.52 (1) (b) of the statutes is repealed.

27,3134m Section 3134m. 49.52 (1) (d) of the statutes is amended to read:

49.52 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid under s. 49.19, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (3), (3m), (4), (4m) and (8), (9) and (12). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

27,3135 Section 3135 . 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.495 (1) (d).

27,3136 Section 3136 . 49.52 (1) (dc) of the statutes is renumbered 46.495 (1) (dc).

27,3137 Section 3137 . 49.52 (1) (f) of the statutes is renumbered 46.495 (1) (f).

27,3138 Section 3138 . 49.52 (1) (g) of the statutes is repealed.

27,3139 Section 3139 . 49.52 (2) of the statutes is renumbered 46.495 (2).

27,3140 Section 3140 . 49.52 (4) of the statutes is renumbered 49.124 (2).

27,3141 Section 3141 . 49.52 (5) of the statutes is renumbered 49.124 (3) and amended to read:

49.124 (3) The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (4) (2) from the payment to the county or tribe under s. 20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) and reimburse the federal government from the funds withheld.

27,3142 Section 3142 . 49.53 (title) of the statutes is renumbered 49.83 (title).

27,3143 Section 3143 . 49.53 (1m) of the statutes is amended to read:

49.53 (1m) Except as provided under sub. (2), or (3) or (4), no person may use or disclose information concerning applicants and recipients of general relief under s. 49.02 funded by a relief block grant, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

27,3144 Section 3144 . 49.53 (1m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.83 and amended to read:

49.83 Except as provided under sub. (2) or (3) s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

27,3145 Section 3145 . 49.53 (2) (a) of the statutes is amended to read:

49.53 (2) (a) Each county department under s. 46.215 or, 46.22 or 46.23 administering aid to families with dependent children and each official or agency administering general relief shall maintain a monthly report at its office showing the names and addresses of all persons receiving such aids aid together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 49.19 (10).

27,3146 Section 3146 . 49.53 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.32 (9) (a).