AB591: Bill Text

AB591, s. 155 Section 155. 49.46 (1) (a) 6m. of the statutes is created to read:

AB591,89,13 49.46 (1) (a) 6m. Any person not described in pars. (c) to (e) who is considered, under federal law, to be receiving supplemental security income for the purpose of determining eligibility for medical assistance.

AB591, s. 156 Section 156. 49.46 (1) (a) 9. of the statutes is amended to read:

AB591,89,18 49.46 (1) (a) 9. Any pregnant woman not described under subd. 1. or 1m. whose family income does not exceed 133% of the poverty line for a family the size of the woman's family. This subdivision 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. 157 Section 157. 49.46 (1) (a) 10. of the statutes is amended to read:

AB591,89,24 49.46 (1) (a) 10. Any child not described under subd. 1. who is under 6 years of age and whose family income does not exceed 133% of the poverty line for a family the size of the child's family. This subdivision 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. 158 Section 158. 49.46 (1) (a) 11. of the statutes is amended to read:

AB591,90,5 49.46 (1) (a) 11. Any child not described under subd. 1. who was born after September 30, 1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family. This subdivision 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. 159 Section 159. 49.46 (1) (a) 12. of the statutes is amended to read:

AB591,90,10 49.46 (1) (a) 12. Any child not described under subd. 1. who is under 19 years of age and who meets the resource and income limits under s. 49.19 (4). This subdivision 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. 160 Section 160. 49.46 (1) (a) 13. of the statutes is amended to read:

AB591,90,15 49.46 (1) (a) 13. Any child who is under one year of age, whose mother was determined to be eligible under subd. 9. and who lives with his or her mother. This subdivision 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. 161 Section 161. 49.46 (1) (a) 16. of the statutes is created to read:

AB591,90,19 49.46 (1) (a) 16. Any child who is living with a relative who is eligible to receive payments under s. 48.57 (3m) with respect to that child, if the department determines that no other insurance is available to the child.

AB591, s. 162 Section 162. 49.46 (1) (cb) of the statutes is created to read:

AB591,90,22 49.46 (1) (cb) Paragraph (c) 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. 163 Section 163. 49.46 (1) (cg) of the statutes is amended to read:

AB591,91,8 49.46 (1) (cg) Except as provided in par. (cs), medical assistance shall be provided to a dependent child, a relative with whom the child is living or the spouse of the relative, if the spouse meets the requirements of s. 49.19 (1) (c) 2. a. or b., for 4 calendar months beginning with the month in which the child, relative or spouse is ineligible for aid to families with dependent children because of the collection or increased collection of maintenance or support, if the child, relative or spouse received aid to families with dependent children in 3 or more of the 6 months immediately preceding the month in which that ineligibility begins. 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. 164 Section 164. 49.46 (1) (co) 4. of the statutes is created to read:

AB591,91,11 49.46 (1) (co) 4. 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. 165 Section 165. 49.46 (1) (cr) of the statutes is renumbered 49.46 (1) (cr) 1., and 49.46 (1) (cr) 1. b. and c., as renumbered, are amended to read:

AB591,91,15 49.46 (1) (cr) 1. b. Discloses in the application under subd. 1. a. any health insurance possessed by a member of the family.

AB591,91,19 c. Demonstrates that, but for the loss of the disregards for earned income under s. 49.19 (5) (a) 4., the family was continuously eligible for aid to families with dependent children from the date of that loss until the date of the application made under subd. 1. a.

AB591, s. 166 Section 166. 49.46 (1) (cr) 2. of the statutes is created to read:

AB591,91,22 49.46 (1) (cr) 2. 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. 167 Section 167. 49.46 (1) (cs) of the statutes is amended to read:

AB591,92,8 49.46 (1) (cs) Medical assistance shall be provided to members of a work-not-welfare group, as defined in s. 49.27 (1) (c), that is eligible for transitional medical assistance coverage under s. 49.27 (8) (c). If the person is or was a member of a work-not-welfare group, as defined in s. 49.27 (1) (c), and if the period of ineligibility under s. 49.27 (4) (f) and (g) for that work-not-welfare group has not yet expired, the person is not eligible for medical assistance under par. (c), (cg), (co) or (cr), unless the person was a dependent child, as defined in s. 49.19 (1) (a), at the time that he or she was a member of the work-not-welfare group. 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. 168 Section 168. 49.46 (1) (d) 1. of the statutes is amended to read:

AB591,92,16 49.46 (1) (d) 1. Children who are placed in licensed foster homes or licensed treatment foster homes by the department and who would be eligible for payment of aid to families with dependent children in foster homes or treatment foster homes except that their placement is not made by a county department under s. 46.215, 46.22 or 46.23 will be considered as recipients of aid to families with dependent children. This subdivision 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. 169 Section 169. 49.46 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.46 (1) (e) 1.

AB591, s. 170 Section 170. 49.46 (1) (e) 2. of the statutes is created to read:

AB591,92,23 49.46 (1) (e) 2. Beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), this paragraph does not apply with respect to a person who has income and resources within the limitations of s. 49.19 whether or not the person requests or receives a grant of aid under that section.

AB591, s. 171 Section 171. 49.465 (7) of the statutes is created to read:

AB591,93,2 49.465 (7) This section 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. 172 Section 172. 49.47 (4) (a) (intro.) of the statutes is amended to read:

AB591,93,7 49.47 (4) (a) (intro.) Any Except as provided in par. (az), any individual who meets the limitations on income and resources under pars. (b) and (c) and who complies with par. (cm) shall be eligible for medical assistance under this section if such individual is:

AB591, s. 173 Section 173. 49.47 (4) (am) (intro.) of the statutes is amended to read:

AB591,93,11 49.47 (4) (am) An Except as provided in par. (az), an individual who does not meet the limitation on income in par. (c) is eligible for medical assistance under this section if the individual is one of the following:

AB591, s. 174 Section 174. 49.47 (4) (az) of the statutes is created to read:

AB591,93,14 49.47 (4) (az) No individual is eligible for medical assistance in a month that the individual is eligible for health care coverage under s. 49.153.

AB591, s. 175 Section 175. 49.50 (6e) (a) of the statutes is repealed.

AB591, s. 176 Section 176. 49.50 (6e) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 3091, is renumbered 49.50 (6e) and amended to read:

AB591,93,23 49.50 (6e) Within the limits of funds available under s. 20.435 (4) (cn) (dz) and (na) and (6) (jg), 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.

AB591, s. 177 Section 177. 49.50 (6k) (a) of the statutes is amended to read:

AB591,94,6 49.50 (6k) (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) for recipients and former recipients of aid under s. 49.19 and under sub. (7) (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, s. 178 Section 178. 49.50 (6k) (b) of the statutes is amended to read:

AB591,94,13 49.50 (6k) (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 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.

AB591, s. 179 Section 179. 49.52 (1) (ad) 1. of the statutes is amended to read:

AB591,94,20 49.52 (1) (ad) 1. The department shall reimburse each county for reasonable costs of income maintenance administration according to a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (de) (dz) and (nL) by contract under s. 46.032. The amount of reimbursement calculated under this paragraph is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

AB591, s. 180 Section 180. 49.52 (1) (am) of the statutes is amended to read:

AB591,95,3 49.52 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (4) (d) (dz) 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) and (3) and 46.22 (1) (b) 8. and (e) 3., and for funeral expenses paid for recipients of aid under s. 49.30, except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

AB591, s. 181 Section 181. 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 3134m, is amended to read:

AB591,95,20 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) , (4m) and (8). 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.

AB591, s. 182 Section 182. 49.52 (5) of the statutes is amended to read:

AB591,95,25 49.52 (5) 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) from the payment to the county or tribe under s. 20.435 (4) (de) (dz) and (nL) and reimburse the federal government from the funds withheld.

AB591, s. 183 Section 183. 49.77 (3v) of the statutes is created to read:

AB591,96,3 49.77 (3v) Increased supplemental payments to custodial parents. (a) In this subsection:

AB591,96,4 1. "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB591,96,5 2. "Dependent child" has the meaning given in s. 49.141 (1) (c).

AB591,96,8 (b) A person who receives payments under this section and who is a custodial parent shall receive an increased state supplement of $77 for each dependent child with respect to whom the person is a custodial parent.

AB591, s. 184 Section 184. 49.83 of the statutes, as affected by 1995 Wisconsin Act 27, sections 3142 and 3144, is amended to read:

AB591,96,18 49.83 Limitation on giving information. Except as provided under s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works under ss. 49.141 to 49.161, social services or supplemental payments under s. 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB591, s. 185 Section 185. 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act 27, section 3211, is amended to read:

AB591,97,2 49.84 (5) A person applying for Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV or food stamp program benefits under 7 USC 2011 to 2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in 42 USC 1320b-7(d).

AB591, s. 186 Section 186. 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3220, is amended to read:

AB591,97,10 49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, benefits under the Wisconsin works program under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV or food stamps under 7 USC 2011 to 2029.

AB591, s. 187 Section 187. 49.96 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,97,18 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 49.148 (1) (b) to 49.159, payments made for social services, cash benefits paid by counties under s. 59.07 (154), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

AB591, s. 188 Section 188. 59.07 (97) of the statutes is amended to read:

AB591,98,8 59.07 (97) Child and spousal support; paternity program; medical support liability program. The county board shall contract with the department of health and social services to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the state department of health and social services. The attorneys responsible for support enforcement under s. 59.458 (1), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department as necessary to provide the services required under the programs. The county shall charge the fee established by the department under s. 46.25 for services provided under this subsection to persons not receiving benefits under s. 49.148 or 49.153 or assistance under s. 49.19 or 49.47.

AB591, s. 189 Section 189. 71.54 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,98,15 71.54 (2) (a) (intro.) Property taxes accrued or rent constituting property taxes accrued shall be reduced by one-twelfth for each month or portion of a month for which the claimant received relief from any county under s. 59.07 (154) equal to or in excess of $400, participated in Wisconsin works under s. 49.147 (4) or (5) or received assistance under s. 49.19, except assistance received:

AB591, s. 190 Section 190. 102.07 (17) of the statutes is created to read:

AB591,98,19 102.07 (17) A participant in a trial job under s. 49.147 (3) is an employe of any employer under this chapter for whom the participant is performing service at the time of the injury.

AB591, s. 191 Section 191. 102.07 (18) of the statutes is created to read:

AB591,98,25 102.07 (18) A participant in a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) is an employe of the Wisconsin works agency, as defined under s. 49.001 (9), for the purposes of this chapter, except to the extent that the person for whom the participant is performing work agrees to provide worker's compensation coverage.

AB591, s. 192 Section 192. 102.29 (8) of the statutes is created to read:

AB591,99,7 102.29 (8) No participant in a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) who, under s. 49.147 (4) (c) or (5) (c), is provided worker's compensation coverage by a Wisconsin works agency, as defined under s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the community service job from which the claim arose.

AB591, s. 193 Section 193. 106.21 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,99,14 106.21 (1) (g) "Public assistance" means relief provided by counties under s. 59.07 (154), Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

AB591, s. 194 Section 194. 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,99,21 106.215 (1) (fm) "Public assistance" means relief provided by counties under s. 59.07 (154), Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

AB591, s. 195 Section 195. 115.347 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,99,25 115.347 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of industry, labor and human relations shall determine which children enrolled in the school district are members of Wisconsin works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps, or both, and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

AB591, s. 196 Section 196. 115.40 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,100,20 115.40 (4) (b) The secretary and the secretary of health and social services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19, or who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), was greater than 5%. In this paragraph, "membership" has the meaning given in s. 121.004 (5).

AB591, s. 197 Section 197. 115.40 (4) (c) 1. of the statutes is amended to read:

AB591,101,3 115.40 (4) (c) 1. Programs that involve a school district that, in the previous school year, had a high proportion of pupils for whom aid to families with dependent children was being received under s. 49.19, a high proportion of pupils who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), a high proportion of pupils who were children at risk, as defined under s. 118.153 (1) (a), or a high proportion of dropouts, as defined under s. 118.153 (1) (b).

AB591, s. 198 Section 198. 115.45 (3m) (a) 2. of the statutes is amended to read: