AB591: Bill Text

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 of the statutes is repealed.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:

AB591, s. 125 Section 125. 49.26 (1) (h) 1. a. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,80,25 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).

AB591, s. 126 Section 126. 49.26 (1) (hm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,81,5 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.

AB591, s. 127 Section 127. 49.26 (1) (hr) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,81,12 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).

AB591, s. 128 Section 128. 49.26 (1) (j) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB591, s. 129 Section 129. 49.26 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2322b, is repealed and recreated to read:

AB591,82,5 49.26 (2) (b) From the appropriation under s. 20.445 (3) (dz), the department shall allocate funds to county departments or Wisconsin works agencies for the provision of case management services to individuals who are subject to the school attendance requirement under the learnfare program under sub. (1) and their families to improve the school attendance and achievement of those individuals. At least 75% of the funds that the department allocates under this paragraph to provide case management services to individuals who are 13 to 19 years of age shall be allocated to a county department or to Wisconsin works agencies in a county with a population of 500,000 or more. A county or Wisconsin works agency is eligible to receive funds under this subsection to provide case management services to individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19 years of age, residing in the county were sanctioned under sub. (1) (h) or were subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.

AB591, s. 130 Section 130. 49.27 (5) (e) 2. of the statutes is repealed.

AB591, s. 131 Section 131. 49.27 (13) of the statutes is created to read:

AB591,82,13 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.

AB591, s. 132 Section 132. 49.30 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 2922, is amended to read:

AB591,82,23 49.30 (1) (intro.) Except as provided in sub. (1m), if any recipient of benefits under s. 49.153, 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:

AB591, s. 133 Section 133. 49.32 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,83,4 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).

AB591, s. 134 Section 134. 49.32 (9) (a) of the statutes, as affected by 1995 Wisconsin Act 27 is amended to read:

AB591,83,17 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. 49.19 (10).

AB591, s. 135 Section 135. 49.32 (9) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,84,6 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.

AB591, s. 136 Section 136. 49.32 (10) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, sections 2930 and 3149, is amended to read:

AB591,84,13 49.32 (10) Release of recipient's addresses to law enforcement officers. (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:

AB591, s. 137 Section 137. 49.33 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2047, is amended to read:

AB591,84,19 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.

AB591, s. 138 Section 138. 49.33 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 27, section 2048, is amended to read:

AB591,84,25 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.

AB591, s. 139 Section 139. 49.33 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2043, is repealed and recreated to read:

AB591,85,11 49.33 (2) Contracts. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.26 (1) and 49.45 to 49.47 and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.445 (3) (dz) and (nL) in accordance with the reimbursement method established under s. 49.33 (8). The department may reduce its payment to any county under s. 20.445 (3) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591, s. 140 Section 140. 49.33 (8) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3130, is repealed and recreated to read: