AB591: Bill Text

AB591, s. 83 Section 83. 49.181 (1) (intro.), (a), (c), (d), (f) and (g) and (2) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:

AB591,65,23 49.181 (1) Funds distribution. (intro.) Within the limits of the appropriation under s. 20.435 (4) (dz) 20.445 (3) (dz), the department shall allocate the following amounts for the following purposes:

AB591,66,3 (a) Child care for recipients and former recipients of aid to families with dependent children. For child care services under s. 49.50 (6g) 49.191 (2) and for child care services and related transportation costs under s. 49.50 (6e) 49.191 (1) (a) or (b) and (6k) (3) (b), the department shall allocate $4,713,000 in fiscal year 1995-96 and $5,687,400 in fiscal year 1996-97.

AB591,66,10 (c) Income maintenance payments to individuals. For income maintenance payments to individuals under s. 49.52 and 49.33, for foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62 and for kinship care under s. 48.57 (3m), the department shall allocate $141,277,600 in fiscal year 1995-96 and $132,968,700 in fiscal year 1996-97.

AB591,66,17 (d) Public assistance administration and medical assistance eligibility determination. For payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination, for payments to American Indian tribes for administration of public assistance benefits, and for fraud investigation and error reduction under s. 49.197 (1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96 and $28,864,400 in fiscal year 1996-97.

AB591,66,23 (f) Learnfare; job opportunities and basic skills program; food stamp employment and training; parental responsibility pilot program. For the learnfare program under s. 49.50 (7) 49.26 (1), the job opportunities and basic skills program under s. 49.193, the food stamp employment and training project under s. 49.124 and the parental responsibility pilot program under s. 49.25, the department shall allocate $25,045,800 in fiscal year 1995-96 and $26,447,100 in fiscal year 1996-97.

AB591,67,3 (g) Learnfare case management. For case management for learnfare pupils under s. 46.62 49.26 (2), the department shall allocate $1,289,300 in fiscal year 1995-96 and $1,309,500 in fiscal year 1996-97.

AB591,67,7 (2) Transfer of funds. With the approval of the secretary of administration, the department may use up to 30% of the amounts required to be allocated under any paragraph under sub. (1) for any other purpose described under sub. (1) (a) to (g) (h) in each fiscal year.

AB591, s. 84 Section 84. 49.19 (4e) (a) of the statutes is amended to read:

AB591,67,15 49.19 (4e) (a) Except as provided in par. (b), if If a person applying for aid is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home or other supportive living arrangement supervised by an adult.

AB591, s. 85 Section 85. 49.19 (4e) (c) of the statutes is created to read:

AB591,67,21 49.19 (4e) (c) The department shall request a waiver from the secretary of the federal department of health and human services to require, without exception, that a person applying for aid who is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care meet the requirements of par. (a). If a waiver is granted and in effect, par. (b) does not apply.

AB591, s. 86 Section 86. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

AB591,68,3 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.435 (4) (d) (dz) 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:

AB591, s. 87 Section 87. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Acts 12, 27 and .... (this act), is repealed and recreated to read:

AB591,68,10 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (dz) 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:

AB591, s. 88 Section 88. 49.19 (20) of the statutes is amended to read:

AB591,68,18 49.19 (20) After December 31, 1998, 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 the enactment of this subsection, is required to be given under sub. (13) to recipients of aid under this section to terminate their benefits under this subsection.

AB591, s. 89 Section 89. 49.191 (1) of the statutes, as affected by 1995 Wisconsin Act 27, sections 3089c, 3090 and 3092, is repealed and recreated to read:

AB591,69,4 49.191 (1) Child care funds for certain reciepients of aid to families with dependent children. Within the limits of funds available under ss. 20.435 (3) (jg) and 20.445 (3) (dz) 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. This paragraph 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).

AB591, s. 90 Section 90. 49.191 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 3093c, is amended to read:

AB591,69,20 49.191 (2) Child care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under s. 46.98 (4) (d), 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 subsection 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 subsection. 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).

AB591, s. 91 Section 91. 49.191 (3) (a) and (b) of the statutes, as affected by 1995 Wisconsin Act 27, are repealed and recreated to read:

AB591,70,3 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. (1) and (2) for recipients and former recipients of aid under s. 49.19 and under 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.

AB591,70,8 (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) or s. 49.193 (8) 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.

AB591, s. 92 Section 92. 49.193 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

AB591,70,18 49.193 (2) (a) The Except as provided in par. (am), the department shall ensure that all persons required under 42 USC 602 (a) (19) and 42 USC 681 to 687 to participate in a job opportunities and basic skills training program participate in the program under this section. In addition, the department shall require a parent or other caretaker relative of a child who is at least one year of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation in the program for a reason other than being a parent or other caretaker of a child under 3 years of age.

AB591, s. 93 Section 93. 49.193 (2) (am) of the statutes is created to read:

AB591,70,23 49.193 (2) (am) 1. The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of subd. 2. If a waiver is granted and in effect, the department shall implement subd. 2. no later than the first day of the 2nd month beginning after the waiver is approved.

AB591,71,3 2. If a waiver is granted and in effect, the department shall require a parent or other caretaker relative of a child who is at least 12 weeks of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation for a reason other than being a parent or other caretaker of a child under 3 years of age.

AB591, s. 94 Section 94. 49.193 (4) (g) of the statutes is amended to read:

AB591,71,6 49.193 (4) (g) Work supplementation, as described in 45 CFR 250.62, in which participation is voluntary mandatory.

AB591, s. 95 Section 95. 49.193 (4) (j) 4. of the statutes is repealed.

AB591, s. 96 Section 96. 49.193 (4) (k) 1m. of the statutes is created to read:

AB591,71,10 49.193 (4) (k) 1m. Alcohol and other drug abuse prevention, assessment and treatment programs.

AB591, s. 97 Section 97. 49.193 (4m) of the statutes is created to read:

AB591,71,15 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.

AB591, s. 98 Section 98. 49.193 (6) (c) of the statutes is amended to read:

AB591,71,22 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.

AB591, s. 99 Section 99. 49.193 (6) (e) of the statutes is created to read:

AB591,72,10 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 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 instead of the number of hours and weeks under par. (c). 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.

AB591, s. 100 Section 100. 49.193 (7) of the statutes is repealed.

AB591, s. 101 Section 101. 49.193 (8) (bm) of the statutes is amended to read:

AB591,72,18 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.

AB591, s. 102 Section 102. 49.193 (8) (bm) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB591,73,2 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.

AB591, s. 103 Section 103. 49.193 (9m) (a) of the statutes, as created by 1995 Wisconsin Act 12, is renumbered 49.193 (9m) (am).

AB591, s. 104 Section 104. 49.193 (9m) (ag) of the statutes is created to read:

AB591,73,9 49.193 (9m) (ag) In this subsection, "participant" includes a case head, as defined by the department by rule, of an aid to families with dependent children case, even if the needs of the case head have been removed from the case as the result of a sanction.

AB591, s. 105 Section 105. 49.193 (10m) of the statutes is amended to read:

AB591,73,20 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) (dz). 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.

AB591, s. 106 Section 106. 49.193 (10m) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB591,74,7 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. 20.445 (3) (dz). 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.

AB591, s. 107 Section 107. 49.193 (12) of the statutes is created to read:

AB591,74,14 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.

AB591, s. 108 Section 108. 49.195 (title) of the statutes is amended to read:

AB591,74,17 49.195 (title) Recovery of aid to families with dependent children and Wisconsin works benefits.

AB591, s. 109 Section 109. 49.195 (1) of the statutes is amended to read:

AB591,75,24 49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.148 (1) (b) or (c), 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), in a community service job under s. 49.147 (4) or in a transitional placement under s. 49.147 (5). 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. 49.147 (4) or (5), 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.

AB591, s. 110 Section 110. 49.195 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,76,6 49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19 or 49.148 (1) (b) or (c), 49.153, 49.155 or 49.157 and shall promulgate rules establishing policies and procedures to administer this subsection.

AB591, s. 111 Section 111. 49.197 (1m) of the statutes is amended to read:

AB591,76,18 49.197 (1m) Fraud investigation. From the appropriations under s. 20.435 (4) (de) (dz), (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, 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.

AB591, s. 112 Section 112. 49.197 (1m) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB591,77,7 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) (dz), (L), (n) and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 and participants in Wisconsin works under ss. 49.141 to 49.161. 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 and to Wisconsin works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB591, s. 113 Section 113. 49.197 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,77,14 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).

AB591, s. 114 Section 114. 49.197 (4) of the statutes is amended to read:

AB591,77,22 49.197 (4) County and tribal error reduction. The department shall provide funds from the appropriations under s. 20.435 (4) (de) (dz), (L) and (Lm) and federal matching funds from the appropriations under s. 20.435 (4) (n) and (nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under ss. 49.43 to 49.47, 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.

AB591, s. 115 Section 115. 49.197 (4) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB591,78,8 49.197 (4) Error reduction. The department shall provide funds from the appropriations under s. 20.445 (3) (dz), (L) and (Lm) and federal matching funds from the appropriations under s. 20.445 (3) (n) and (nL) to persons administering Wisconsin works under ss. 49.141 to 49.161 or the food stamp program under 7 USC 2011 to 2029 and to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under subch. IV and aid to families with dependent children under s. 49.19 to offset administrative costs of reducing payment errors in those programs.

AB591, s. 116 Section 116. 49.20 (3) of the statutes is amended to read:

AB591,78,15 49.20 (3) Payment. Aid under this section shall be paid from the appropriation under s. 20.435 (4) (d) (dz) 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.

AB591, s. 117 Section 117. 49.20 (3) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB591,78,25 49.20 (3) Payment. Aid under this section shall be paid from the appropriation under s. 20.445 (3) (dz) 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. This subsection does not apply 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).

AB591, s. 118 Section 118. 49.21 (1) (c) of the statutes is created to read:

AB591,79,3 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).

AB591, s. 119 Section 119. 49.25 (10) of the statutes is created to read:

AB591,79,10 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.

AB591, s. 120 Section 120. 49.26 (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,79,13 49.26 (title) Learnfare pilot program.

AB591, s. 121 Section 121. 49.26 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,80,3 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.

AB591, s. 122 Section 122. 49.26 (1) (g) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,80,9 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:

AB591, s. 123 Section 123. 49.26 (1) (g) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,80,16 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 1996 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.

AB591, s. 124 Section 124. 49.26 (1) (gm) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,80,21 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: