1995 Wisconsin Act 289

289,112m Section 112m. 49.193 (4) (j) 4. of the statutes is amended to read:

49.193 (4) (j) 4. Postsecondary education and vocational skills training for individuals who, as of December 1, 1995, are enrolled in postsecondary education or vocational skills training under this subdivision and are participating satisfactorily as determined by the agency administering the job opportunities and basic skills program. This subdivision does not apply after June 30, 1997.

289,113 Section 113 . 49.193 (4) (k) 1m. of the statutes is created to read:

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

289,114 Section 114 . 49.193 (4m) of the statutes is created to read:

49.193 (4m) Alcohol and other drug abuse prevention and treatment program. The department may require participation in an alcohol and other drug abuse assessment, prevention and treatment program to fulfill employment and training requirements described in this section.

289,115 Section 115 . 49.193 (6) (c) of the statutes is amended to read:

49.193 (6) (c) No Except as provided in par. (e), no person may be required to work more than 32 hours per week in a community work experience component. No person may be required to work more than 16 weeks in a component under this subsection during a 12-month period, except that a person who is eligible for aid under s. 49.19 (4) (dm) may be required to work for more than 16 weeks in a component under this subsection in order to comply with 45 CFR 250.33.

289,116 Section 116 . 49.193 (6) (e) of the statutes is created to read:

49.193 (6) (e) The department shall request a waiver from the secretary of the federal department of health and human services to allow the department to require a person to work, without regard to the person's grant amount under s. 49.19, not more than 40 hours per week in a community work experience component and not more than 6 months in a component under this subsection during a 12-month period. If the waiver is granted and in effect, the department may require a person to work not more than 40 hours per week in a community work experience component. If a waiver is granted and in effect, the department may require a person to work not more than 6 months in a component under this subsection during a 12-month period, except that the department may require a person who is eligible for aid under s. 49.19 (4) (dm) to work for more than 6 months in a component under this subsection in order comply with 45 CFR 250.33.

289,117m Section 117m. 49.193 (7) of the statutes is amended to read:

49.193 (7) Postsecondary education. The department shall, by rule, define allowable or satisfactory participation in postsecondary education and vocational skills training activities. This subsection does not apply June 30, 1997.

289,118 Section 118 . 49.193 (8) (a) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

49.193 (8) (a) The department shall pay child care costs of persons with approved employability plans who are participating in the program under this section and of persons who are participating in orientation and job search activities required under sub. (3m). Payment or reimbursement shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of care or the rate established under s. 46.98 (4) (d), (dg) or (dm), whichever is applicable, 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), payment or reimbursement for child care that meets those standards shall be 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).

289,119 Section 119 . 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) 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). The department shall approve or disapprove of this use of funds under criteria established to maximize state and federal funding available for child care.

289,120 Section 120 . 49.193 (8) (bm) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated 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 may, with the approval of the department, use those funds to pay or reimburse child care costs under s. 49.191 (1) 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.

289,121 Section 121 . 49.193 (9m) (a) of the statutes, as created by 1995 Wisconsin Act 12, is renumbered 49.193 (9m) (am).

289,122 Section 122 . 49.193 (9m) (ag) of the statutes is created to read:

49.193 (9m) (ag) In this subsection, “recipient" includes the head of household of an aid to families with dependent children case, regardless of whether the needs of the head of household are not considered as the result of a sanction.

289,125 Section 125 . 49.193 (12) of the statutes is created to read:

49.193 (12) Sunset. Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than enactment of this subsection, is required to be given to recipients of aid under this section to terminate their benefits under this subsection.

289,126 Section 126 . 49.195 (title) of the statutes is amended to read:

49.195 (title) Recovery of aid to families with dependent children and Wisconsin works benefits.

289,127 Section 127 . 49.195 (1) of the statutes is amended to read:

49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.148, 49.153, 49.155 or 49.157 or at any time thereafter acquires property by gift, inheritance, sale of assets, court judgment or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works agency granting such a benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the benefit which does not exceed the amount of the property so acquired. The value of the aid or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work experience component under s. 49.193 (6. During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where the aid or benefit recipient is deceased a claim may be filed against any property in his or her estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse or child is dependent on the property for support, and the court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records of aid or benefits paid kept by the county or, by the department or by the Wisconsin works agency are prima facie evidence of the value of the aid or benefits furnished. Liability under this section shall extend to any parent or stepparent whose family receives aid under s. 49.19 or benefits under s. 49.148, 49.155 or 49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.

289,128 Section 128 . 49.195 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.153, 49.155 or 49.157 and shall promulgate rules establishing policies and procedures to administer this subsection.

289,131 Section 131 . 49.197 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in medical assistance under subch. IV, Wisconsin works under ss. 49.141 to 49.161, 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. 20.445 (4) (L).

289,136 Section 136 . 49.21 (1) (c) of the statutes is created to read:

49.21 (1) (c) This subsection does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

289,137 Section 137 . 49.25 (10) of the statutes is created to read:

49.25 (10) Sunset. Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than enactment of this subsection, is required to be given to recipients of aid under this section to terminate their benefits under this subsection.

289,138 Section 138 . 49.26 (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.26 (title) Learnfare pilot program.

289,139 Section 139 . 49.26 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.26 (1) (e) For an individual who is a recipient of aid under s. 49.19, or whose custodial parent is a participant under s. 49.147 (3) to (5), who is the parent with whom a dependent child lives and who is either subject to the school attendance requirement under par. (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), 49.155 (6) 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.

289,140 Section 140 . 49.26 (1) (g) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.26 (1) (g) (intro.) An individual who is a dependent child in a Wisconsin works group that includes a participant under s. 49.147 (3), (4) or (5) or who is a recipient of aid under s. 49.19 is subject to the school attendance requirement under par. (ge) if all of the following apply:

289,141 Section 141 . 49.26 (1) (g) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.26 (1) (g) 1. Before the first day of the fall 1994 school term, as defined in s. 115.001 (12), the individual is 13 to 19 years of age. Beginning on the first day of the fall 1994 1997 school term, as defined in s. 115.001 (12), the individual is 13 6 to 19 years of age or the individual lives in a county designated by the department under par. (j) and is required to attend school under that paragraph.

289,142 Section 142 . 49.26 (1) (gm) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

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

289,142m Section 142m. 49.26 (1) (h) 1. (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is 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 school attendance requirement under par. (ge) is subject to sanctions as provided by the department by rule under subd. 1s. only if all of the following apply:

289,143 Section 143 . 49.26 (1) (h) 1. a. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

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

289,143g Section 143g. 49.26 (1) (h) 1m. (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

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

289,143m Section 143m. 49.26 (1) (h) 1s. of the statutes is created to read:

49.26 (1) (h) 1s. a. Except as provided under subd. 1s. b., an individual who fails to meet the school attendance requirement under par. (ge) is subject to sanctions determined by the department by rule.

b. An individual who is a dependent child in a Wisconsin works group that includes a participant under s. 49.147 (3), (4) or (5) and who fails to meet the school attendance requirement under par. (ge) is subject to a monthly sanction of $50.

289,144 Section 144 . 49.26 (1) (hm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.26 (1) (hm) The department may require consent to the release of school attendance records, under s. 118.125 (2) (e), as a condition of eligibility for benefits under s. 49.147 (3) to (5) or aid under s. 49.19.

289,145 Section 145 . 49.26 (1) (hr) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.26 (1) (hr) If an individual subject to the school attendance requirement under par. (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 or a Wisconsin works agency concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1) (a).

289,146 Section 146 . 49.26 (1) (j) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

289,147m Section 147m. 49.27 (3) (a), (b) and (c) and (4) (a) (intro.) of the statutes are amended to read:

49.27 (3) (a) The person resides in a pilot county; is receiving, or is the caretaker of a child who is receiving, aid to families with dependent children benefits, other than benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats., on January 1, 1995; and has had a regularly scheduled reinvestigation under s. 49.19 (5) (e) after January 1, 1995.

(b) The person resides in a pilot county and applies for aid to families with dependent children benefits, other than benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats., for himself or herself or for a dependent child, on or after January 1, 1995.

(c) The person moves to a pilot county on or after January 1, 1995, and, at the time of the move, the person is receiving, or is the caretaker of a child who is receiving, aid to families with dependent children benefits, other than benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats.

(4) (a) Relation with other public assistance benefits. (intro.) Except as determined under this subsection or sub. (7) or (11) (a) to (f), a member of a work-not-welfare group may not receive an aid to families with dependent children benefit, other than aid to families with dependent children benefits under s. 49.19 (10) or s. 49.19 (11) (b), 1993 stats. Except as determined under this subsection or sub. (11) (a) to (f), a member of a work-not-welfare group may not receive food stamp benefits under 7 USC 2011 to 2029 for a month unless one of the following conditions is met:

289,148 Section 148 . 49.27 (5) (e) 2. of the statutes is repealed.

289,149 Section 149 . 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). The rates for child care services under this paragraph shall be determined under s. 46.98 (4) (d), (dg) or (dm), whichever is applicable, 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.

289,150 Section 150 . 49.27 (13) of the statutes is created to read:

49.27 (13) Sunset. Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than enactment of this subsection, is required to be given to recipients of aid under this section to terminate their benefits under this subsection.

289,151 Section 151 . 49.30 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 2922, is amended to read:

49.30 (1) (intro.) Except as provided in sub. (1m), if any recipient of benefits under s. 49.148, 49.46 or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under s. 46.215, 46.22 or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

289,152 Section 152 . 49.32 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.32 (7) (a) The department shall conduct a program to periodically verify the eligibility of recipients of aid to families with dependent children under s. 49.19 and of participants in Wisconsin works under ss. 49.141 to 49.161 through a check of school enrollment records of local school boards as provided in s. 118.125 (2) (i).

289,153 Section 153 . 49.32 (9) (a) of the statutes, as affected by 1995 Wisconsin Act 27 is amended to read:

49.32 (9) (a) Each county department under s. 46.215, 46.22 or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names and addresses of all persons receiving such aid together with the amount paid during the preceding month. Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names and addresses of all persons receiving benefits under s. 49.148 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. 42.261 or 49.19 (10).

289,154 Section 154 . 49.32 (9) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.32 (9) (b) The report under par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person except any public officer, seeking permission to inspect such report shall be required to prove his or her identity and to sign a statement setting forth his or her address and the reasons for making the request and indicating that he or she understands the provisions of par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. Within 72 hours after any such record has been inspected, the county department or Wisconsin works agency shall mail to each person whose record was inspected a notification of that fact and the name and address of the person making such inspection. The county department or Wisconsin works agency shall keep a record of such requests.

289,155 Section 155 . 49.32 (10) (title) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.32 (10) (title) Release of recipient's addresses information to law enforcement officers.

289,156 Section 156 . 49.32 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.32 (10) (a), and 49.32 (10) (a) (intro.) and 2. b. and c., as renumbered, are amended to read:

49.32 (10) (a) (intro.) Each county department under s. 46.215 or 46.22 may release the current address of a recipient of aid under s. 49.19, and each Wisconsin works agency may release the current address of a participant in Wisconsin works under ss. 49.141 to 49.161, to a law enforcement officer if the officer meets all of the following conditions:

2. b. That the location or apprehension of the felon under subd. 1. 2. a. is within the official duties of the officer.

c. That the officer is making the request in the proper exercise of his or her duties under subd. 2. b.

289,157 Section 157 . 49.32 (10) (b) of the statutes is created to read:

49.32 (10) (b) If a law enforcement officer believes, on reasonable grounds, that a warrant has been issued and is outstanding for the arrest of a Wisconsin works participant, the law enforcement officer may request that a law enforcement officer be notified when the participant appears to obtain his or her benefits under the Wisconsin works program. At the request of a law enforcement officer under this paragraph, an employe of a Wisconsin works agency who disburses benefits may notify a law enforcement officer when the participant appears to obtain Wisconsin works benefits.

289,158 Section 158 . 49.33 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2047, is amended to read:

49.33 (1) (b) “Income maintenance program" means aid to families with dependent children under s. 49.19, Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49 or the food stamp program under 7 USC 2011 to 2029.

289,159 Section 159 . 49.33 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, section 2048, is amended to read:

49.33 (1) (c) “Income maintenance worker" means a person employed by a county or, a governing body of a federally recognized American Indian tribe or a Wisconsin works agency whose duties include determinations or redeterminations of income maintenance program eligibility.