AB150: Bill Text

****Note: This is reconciled s. 49.17 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and 2153/1.

AB150, s. 2827 Section 2827. 49.17 (3) of the statutes is renumbered 49.713 (3).

****Note: This is reconciled s. 49.17 (3). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2828 Section 2828. 49.171 (title) of the statutes is renumbered 49.72 (title).

AB150, s. 2829 Section 2829. 49.171 (1) of the statutes is renumbered 49.72 (1).

AB150, s. 2830 Section 2830. 49.171 (2) of the statutes is renumbered 49.72 (2).

AB150, s. 2831 Section 2831. 49.171 (3) (intro.) of the statutes is renumbered 49.72 (3) (intro.) and amended to read:

AB150,1021,3 49.72 (3) (intro.)  As used in ss. 49.171 to 49.173 49.72 to 49.726:

AB150, s. 2832 Section 2832. 49.171 (3) (a) of the statutes is renumbered 49.72 (3) (a).

AB150, s. 2833 Section 2833. 49.171 (3) (b) of the statutes is renumbered 49.72 (3) (b).

AB150, s. 2834 Section 2834. 49.171 (4) of the statutes is renumbered 49.72 (4).

AB150, s. 2835 Section 2835. 49.172 of the statutes is renumbered 49.723.

AB150, s. 2836 Section 2836. 49.173 of the statutes is renumbered 49.726.

AB150, s. 2837 Section 2837. 49.174 of the statutes is renumbered 49.729 and amended to read:

AB150,1021,14 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).

AB150, s. 2838 Section 2838. 49.175 (title) of the statutes is renumbered 49.73 (title) and amended to read:

AB150,1021,17 49.73 (title) Residential care institution institutions; establishment.

AB150, s. 2839 Section 2839. 49.175 (1) of the statutes is renumbered 49.73 (1).

AB150, s. 2840 Section 2840. 49.175 (2) of the statutes is renumbered 49.73 (2).

AB150, s. 2841 Section 2841. 49.175 (3) of the statutes is renumbered 49.73 (3).

AB150, s. 2842 Section 2842. 49.175 (4) of the statutes is renumbered 49.73 (4).

AB150, s. 2843 Section 2843. 49.175 (6) of the statutes is renumbered 49.73 (6).

AB150, s. 2844 Section 2844. 49.177 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.77.

****Note: This is reconciled s. 49.177. This Section has been affected by drafts with the following LRB numbers: -2153/1 and -2301/1.

AB150, s. 2845 Section 2845. 49.177 (2) (a) 2. of the statutes is amended to read:

AB150,1022,3 49.177 (2) (a) 2. Any needy person or couple residing in this state and receiving benefits under federal Title XVI, except as provided under par. (am).

AB150, s. 2846 Section 2846. 49.177 (2) (a) 3. of the statutes is repealed.

AB150, s. 2847 Section 2847. 49.177 (2) (am) of the statutes is created to read:

AB150,1022,19 49.177 (2) (am) The department may submit to the secretary of administration a proposal to make certain groups of individuals, who would otherwise be eligible for state supplemental payments under par. (a) 2., ineligible for payments under this section. 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 proposal will be considered to be given, if within 14 calendar days after the secretary of administration files the proposal with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposal. Proposals 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.

AB150, s. 2848 Section 2848. 49.177 (2) (b) of the statutes is renumbered 49.177 (2m) and amended to read:

AB150,1023,12 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.

AB150, s. 2849 Section 2849. 49.177 (3g) of the statutes is amended to read:

AB150,1023,17 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.

AB150, s. 2850 Section 2850. 49.178 of the statutes is renumbered 49.74 and amended to read:

AB150,1023,22 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.

AB150, s. 2851 Section 2851. The unnumbered subchapter title preceding 49.19 of the statutes is repealed.

****Note: This is the reconciled unnumbered subchapter title preceding s. 49.19. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2852 Section 2852. 49.19 (1) (a) 2. b. of the statutes is amended to read:

AB150,1024,11 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.

AB150, s. 2853 Section 2853. 49.19 (4) (g) 1. and 2. of the statutes are amended to read:

AB150,1024,21 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.

AB150,1025,5 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.

AB150, s. 2854 Section 2854. 49.19 (5) (cm) 1. of the statutes is amended to read:

AB150,1025,9 49.19 (5) (cm) 1. In this paragraph, "2-party direct payment" means a check which is drawn in favor of the landlord of a recipient of aid under this section and the recipient's landlord, jointly.

AB150, s. 2855 Section 2855. 49.19 (5) (cm) 2. of the statutes is amended to read:

AB150,1025,13 49.19 (5) (cm) 2. A 2-party direct payment shall be made whenever a recipient of aid under this section has failed to pay rent to the landlord for 2 months or more, unless the failure to pay rent is authorized by law.

AB150, s. 2856 Section 2856. 49.19 (5) (cm) 3. c. of the statutes is amended to read:

AB150,1025,18 49.19 (5) (cm) 3. c. If it determines that the conditions for issuing a 2-party direct payment under subd. 2. are met, inform the recipient of the right to a fair hearing on the issue of whether 2-party direct payment of rent should be made and inform the department of health and social services of its determination.

AB150, s. 2857 Section 2857. 49.19 (5) (cm) 4. of the statutes is amended to read:

AB150,1025,23 49.19 (5) (cm) 4. When it has been determined that a 2-party direct payment of rent should be made, the department of health and social services shall issue the recipient's monthly grant in 2 checks, a 2-party direct payment for the amount of the rent and a check drawn in favor of the recipient for the balance of the grant amount.

AB150, s. 2858 Section 2858. 49.19 (5) (cm) 5. of the statutes is amended to read:

AB150,1026,4 49.19 (5) (cm) 5. The county department shall review each case in which a 2-party direct payment is being made at least once every 12 months and whenever a recipient reports that a condition under subd. 6. for the cessation of 2-party direct payments exists.

AB150, s. 2859 Section 2859. 49.19 (5) (cm) 6. (intro.) of the statutes is amended to read:

AB150,1026,9 49.19 (5) (cm) 6. (intro.) The county department shall inform the department of health and social services, and the department of health and social services shall cease making a 2-party direct payment, when the county department determines that any of the following conditions exists:

AB150, s. 2860 Section 2860. 49.19 (5) (cm) 6. a. of the statutes is amended to read:

AB150,1026,12 49.19 (5) (cm) 6. a. A 2-party direct payment has been made for 24 consecutive months.

AB150, s. 2861 Section 2861. 49.19 (5) (d) of the statutes is amended to read:

AB150,1026,16 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.

AB150, s. 2862 Section 2862. 49.19 (10) (a) of the statutes is amended to read:

AB150,1027,5 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.

AB150, s. 2863 Section 2863. 49.19 (10) (d) of the statutes is amended to read:

AB150,1027,16 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.

AB150, s. 2864 Section 2864. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB150,1027,22 49.19 (11) (a) 1. a. (intro.) Except as provided in sub. subs. (11m) and (11s), monthly payments made under s. 20.435 (4) (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:

AB150, s. 2865 Section 2865 . 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1028,5 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.435 (4) (d) and (p) 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:

****Note: This is reconciled s. 49.19 (11) (a) 1. a. (intro.). This Section has been affected by drafts with the following LRB numbers: -0745/4 and -2153/1.

AB150, s. 2866 Section 2866. 49.19 (11m) (a) of the statutes is amended to read:

AB150,1029,4 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.

AB150, s. 2867 Section 2867. 49.19 (11m) (am) (intro.) of the statutes is amended to read:

AB150,1029,8 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:

AB150, s. 2868 Section 2868. 49.19 (11s) of the statutes is created to read:

AB150,1029,17 49.19 (11s) (a) The department shall conduct a demonstration project under this subsection pursuant to a waiver from the secretary of the federal department of health and human services beginning on January 1, 1996. To the extent permitted in the waiver, the department may apply pars. (b) to (d) to all recipients of aid under this section or to a test group of recipients of aid under this section determined by the department. Paragraphs (b) to (d) do not apply to persons subject to s. 49.25 and shall apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.

AB150,1029,21 (b) In determining the payment amount under sub. (11) (a), a child born into a family more than 10 months after the date that the family was first determined to be eligible for assistance under this section shall not be considered in determining family size unless at least one of the following conditions is met:

AB150,1029,25 1. The family did not receive benefits under this section for a period of at least 6 months, other than as a result of sanctions, and the child was born during that period or not more than 10 months after the family resumed receiving benefits under this section after that period.

AB150,1030,5 2. The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.

AB150,1030,8 3. The child's mother is a dependent child at the time of the child's birth and the child is born as a result of the mother's first pregnancy that resulted in a live birth.

AB150,1030,9 4. The child does not reside with his or her biological mother or father.

AB150,1030,11 5. The family or child meets the criteria for an exemption from the application of this paragraph under a rule promulgated by the department.

AB150,1030,13 (c) The department shall inform all applicants for aid under this section of the limitation under par. (b) at the time of application.

AB150,1030,16 (d) From the appropriation under s. 20.435 (4) (di), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services to persons subject to par. (b).

AB150, s. 2869 Section 2869. 49.19 (11s) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1030,22 49.19 (11s) (d) From the appropriation under s. 20.435 (4) (di) 20.445 (3) (di), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services to persons subject to par. (b).

****Note: This is reconciled s. 49.19 (11s) (d). This Section has been affected by drafts with the following LRB numbers: -0745/4 and -2153/1.

AB150, s. 2870 Section 2870. 49.19 (16) of the statutes is amended to read:

AB150,1031,4 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.

****Note: This is reconciled s. 49.19 (16). This Section has been affected by drafts with the following LRB numbers: -1701/3 and 2153/1.

AB150, s. 2871 Section 2871. 49.19 (17) of the statutes is amended to read:

AB150,1031,13 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.