AB150: Bill Text

****Note: This is reconciled s. 49.50 (6k) (title). This Section has been affected by drafts with the following LRB numbers: -0517/3 and -2153/1.

AB150, s. 3096 Section 3096. 49.50 (6k) (a) of the statutes is renumbered 49.191 (3) (a) and amended to read:

AB150,1099,2 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.

AB150, s. 3097 Section 3097. 49.50 (6k) (b) of the statutes is renumbered 49.191 (3) (b) and amended to read:

AB150,1099,10 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.

AB150, s. 3098 Section 3098. 49.50 (6k) (c) of the statutes is created to read:

AB150,1099,15 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.

AB150, s. 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:

AB150,1099,21 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.

****Note: This is reconciled s. 49.50 (6k) (c). This Section has been affected by drafts with the following LRB numbers: -0517/3 and -2153/1.

AB150, s. 3100 Section 3100. 49.50 (6n) of the statutes is renumbered 49.191 (4).

AB150, s. 3101 Section 3101. 49.50 (7) (title) of the statutes is renumbered 49.26 (title) and amended to read:

AB150,1100,3 49.26 (title) Learnfare pilot program.

AB150, s. 3102 Section 3102. 49.50 (7) (a) of the statutes is renumbered 49.26 (1) (a).

AB150, s. 3103 Section 3103. 49.50 (7) (e) of the statutes is amended to read:

AB150,1100,18 49.50 (7) (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.

AB150, s. 3104 Section 3104. 49.50 (7) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (e).

****Note: This is reconciled s. 49.50 (7) (e). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3105 Section 3105. 49.50 (7) (g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (g).

****Note: This is reconciled s. 49.50 (7) (g). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3106 Section 3106. 49.50 (7) (g) (intro.) of the statutes is amended to read:

AB150,1101,5 49.50 (7) (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:

AB150, s. 3107 Section 3107. 49.50 (7) (ge) of the statutes is created to read:

AB150,1101,9 49.50 (7) (ge) An individual who is subject to this paragraph fails to meet the school attendance requirement if the individual is a habitual truant, as defined under s. 118.16 (1) (a).

AB150, s. 3108 Section 3108. 49.50 (7) (ge) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (ge).

****Note: This is reconciled s. 49.50 (7) (ge). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3109 Section 3109. 49.50 (7) (gm) of the statutes is amended to read:

AB150,1101,16 49.50 (7) (gm) 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 case management services described in s. 46.62 to the individual and his or her family.

AB150, s. 3110 Section 3110. 49.50 (7) (gm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (gm) and amended to read:

AB150,1101,22 49.26 (1) (gm) 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 shall offer case management services described in s. 46.62 sub. (2) to the individual and his or her family.

****Note: This is reconciled s. 49.50 (7) (gm). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3111 Section 3111. 49.50 (7) (h) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (h).

****Note: This is reconciled s. 49.50 (7) (h). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3112 Section 3112. 49.50 (7) (h) 1. (intro.) of the statutes is amended to read:

AB150,1102,6 49.50 (7) (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:

AB150, s. 3113 Section 3113. 49.50 (7) (h) 1. c. of the statutes is amended to read:

AB150,1102,9 49.50 (7) (h) 1. c. The individual continues to fail to meet the requirements school attendance requirement under par. (g) (ge).

AB150, s. 3114 Section 3114. 49.50 (7) (h) 1m. of the statutes is amended to read:

AB150,1102,13 49.50 (7) (h) 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.

AB150, s. 3115 Section 3115. 49.50 (7) (hm) of the statutes is renumbered 49.26 (1) (hm).

AB150, s. 3116 Section 3116. 49.50 (7) (hr) of the statutes is amended to read:

AB150,1102,21 49.50 (7) (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).

AB150, s. 3117 Section 3117. 49.50 (7) (hr) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (hr).

****Note: This is reconciled s. 49.50 (7) (hr). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3118 Section 3118. 49.50 (7) (i) of the statutes is amended to read:

AB150,1103,7 49.50 (7) (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.

AB150, s. 3119 Section 3119. 49.50 (7) (i) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (i).

****Note: This is reconciled s. 49.50 (7) (i). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3120 Section 3120. 49.50 (7) (j) of the statutes is amended to read:

AB150,1103,16 49.50 (7) (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.

AB150, s. 3121 Section 3121. 49.50 (7) (j) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (j).

****Note: This is reconciled s. 49.50 (7) (j). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3122 Section 3122. 49.50 (8) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.21 (1).

****Note: This is reconciled s. 49.50 (8). This Section has been affected by drafts with the following LRB numbers: -0728/1 and -2153/1.

AB150, s. 3123 Section 3123. 49.50 (8) (b) 2. (intro.) of the statutes is amended to read:

AB150,1104,8 49.50 (8) (b) 2. (intro.) If a recipient requests a hearing within the timely notice period specified in 45 CFR 205.10, aid shall not be suspended, reduced or discontinued until a decision is rendered after the hearing but may be recovered by the department if the contested decision or failure to act is upheld. Until a decision is rendered after the hearing, the manner or form of aid payment to the recipient shall not change to a protective, vendor or 2-party or direct payment. Aid shall be suspended, reduced or discontinued if:

AB150, s. 3124 Section 3124. 49.50 (9) of the statutes is renumbered 49.21 (2).

AB150, s. 3125 Section 3125. 49.50 (10) of the statutes is renumbered 49.82 (2) and amended to read:

AB150,1104,16 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.

AB150, s. 3126 Section 3126. 49.50 (11) of the statutes is amended to read:

AB150,1105,5 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.

AB150, s. 3127 Section 3127. 49.50 (11) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

****Note: This is reconciled s. 49.50 (11). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 3128 Section 3128. 49.51 of the statutes is repealed.

****Note: This is reconciled s. 49.51. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 3129 Section 3129. 49.52 (title) of the statutes is renumbered 46.495 (title) and amended to read:

AB150,1105,12 46.495 (title) Reimbursement Distribution of community aids funds to counties.

AB150, s. 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:

AB150,1106,2 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 and of the relief of needy Indian persons program under subch. II 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).

AB150,1106,4 (b) The department may adjust the amounts determined under subd. 1. par. (a) for workload changes and computer network activities performed by counties.

****Note: This is reconciled s. 49.52 (1) (ad). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 3131 Section 3131. 49.52 (1) (ad) 2. of the statutes is amended to read:

AB150,1106,8 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.

****Note: This is reconciled s. 49.52 (1) (ad) 2. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 3132 Section 3132. 49.52 (1) (am) of the statutes is renumbered 46.495 (1) (am) and amended to read:

AB150,1106,17 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.

AB150, s. 3133 Section 3133. 49.52 (1) (b) of the statutes is repealed.

AB150, s. 3134 Section 3134. 49.52 (1) (d) of the statutes is amended to read:

AB150,1107,12 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), (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.

****Note: This is reconciled s. 49.52 (1) (d). This Section has been affected by drafts with the following LRB numbers: -2106/2 and -2153/1.

AB150, s. 3135 Section 3135. 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.495 (1) (d).

AB150, s. 3136 Section 3136. 49.52 (1) (dc) of the statutes is renumbered 46.495 (1) (dc).

AB150, s. 3137 Section 3137. 49.52 (1) (f) of the statutes is renumbered 46.495 (1) (f).

AB150, s. 3138 Section 3138. 49.52 (1) (g) of the statutes is repealed.

AB150, s. 3139 Section 3139. 49.52 (2) of the statutes is renumbered 46.495 (2).

AB150, s. 3140 Section 3140. 49.52 (4) of the statutes is renumbered 49.124 (2).

AB150, s. 3141 Section 3141. 49.52 (5) of the statutes is renumbered 49.124 (3) and amended to read:

AB150,1108,2 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.