AB100-engrossed,879,148
49.155
(6) (a)
The department Subject to review and approval by the
9department, each county shall establish the maximum
reimbursement rate
that a
10county department under s. 46.215, 46.22 or 46.23 may pay for
licensed child care
11services provided under this section.
The department
A county shall set the rate so
12that at least 75% of the number of places for children within the licensed capacity of
13all child care providers in
each that county
or in a multicounty area determined by
14the department can be purchased at or below that maximum rate.
AB100-engrossed,879,2116
49.155
(6) (b)
The department Subject to review and approval by the
17department, each county shall set a maximum
reimbursement rate
that a county
18department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day
19care providers for services provided to eligible individuals
under this section. The
20maximum rate set under this paragraph may not exceed 75% of the rate established
21under par. (a).
AB100-engrossed,880,323
49.155
(6) (c)
The department Subject to review and approval by the
24department, each county shall set a maximum
reimbursement rate
that a county
25department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day
1care providers for services provided to eligible individuals
under this section. The
2maximum rate set under this paragraph may not exceed 50% of the rate established
3under par. (a).
AB100-engrossed,880,115
49.155
(6) (d) The department may
promulgate rules to establish a system of
6rates
for child care programs that exceed the quality of care standards required for
7licensure under s. 48.65 or for certification under s. 48.651 (1) (a) or a program of
8grants that the department will pay to child care providers that meet the higher
9quality of care standards established by rules promulgated under sub. (1d) (b). If a
10system of rates is established under this paragraph, the rates under that system
11shall be higher than the rates established under pars. (a) to (c).
AB100-engrossed,880,2013
49.159
(2) Minor custodial parents; financial and employment counseling. 14A custodial parent who is under the age of 18 is eligible, regardless of that
15individual's or that individual's parent's income or assets, to meet with a financial
16and employment planner. The financial and employment planner may provide the
17individual with information regarding Wisconsin works eligibility, available child
18care services, employment and financial planning, family planning services,
as
19defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other
20food and nutrition programs.
AB100-engrossed,881,422
49.161
(1) (title)
Trial jobs and wage-paying community service jobs
23overpayments. Notwithstanding s. 49.96, the department shall recover an
24overpayment of benefits paid under s. 49.148 (1) (a)
and (b) 2. from an individual who
25receives or has received benefits paid under s. 49.148 (1) (a)
or (b) 2. The value of the
1benefit liable for recovery under this subsection may not exceed the amount that the
2department paid in wage subsidies with respect to that participant while the
3participant was ineligible to participate. The department shall promulgate rules
4establishing policies and procedures for administrating this subsection.
AB100-engrossed,881,116
49.161
(2) (title)
Community Grant-paying community service jobs and
7transitional placements overpayments. Except as provided in sub. (3), the
8department shall recover an overpayment of benefits paid under s. 49.148 (1) (b)
1. 9and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b)
101. and (c) by reducing the amount of the individual's benefit payment by no more than
1110%.
AB100-engrossed,881,17
1349.170 Payments for certain tribal economic support programs. (1) 14Definition. In this section, "tribal economic support program" means an economic
15support program, operated by a federally recognized American Indian tribe or band
16in this state, that is funded under P.L.
104-193, section 103, and is not part of the
17Wisconsin works program under ss. 49.141 to 49.161.
AB100-engrossed,882,2
18(2) Department plan. The department shall develop a plan for making
19payments, from the appropriation under s. 20.445 (3) (dz), to each federally
20recognized American Indian tribe or band in this state that operates a tribal
21economic support program, for the purpose of operating that tribal economic support
22program. As a condition of receiving a payment under this section, the tribal
23economic support program shall meet all requirements specified in the plan. These
24requirements shall be similar to the requirements of the Wisconsin works program
1under ss. 49.141 to 49.161. The plan shall specify the method of determining the
2amount of the payment to be made for each tribal economic support program.
AB100-engrossed,882,7
3(3) Joint committee on finance approval. No later than January 1, 1998, the
4department shall submit the plan under sub. (2) to the cochairpersons of the joint
5committee on finance for review by the joint committee on finance. The department
6may not make a payment under the plan unless the plan is approved by the joint
7committee on finance.
AB100-engrossed,882,10
8(4) Payments. If the joint committee on finance approves the plan submitted
9under sub. (3), the department shall make payments, from the appropriation under
10s. 20.445 (3) (dz), in the manner specified in the plan.
AB100-engrossed,882,16
1249.175 Public assistance and local assistance funding. (1) Funds
13distribution. Except as provided in sub. (2), within the limits of the appropriations
14under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (L), (Lm), (mc), (md),
15(nL), (pm) and (ps), the department shall allocate the following amounts for the
16following purposes:
AB100-engrossed,882,1817
(a)
Aid to families with dependent children. For benefits under s. 49.19,
18$28,400,000 in fiscal year 1997-98.
AB100-engrossed,883,419
(b)
Subsidized employment. For payments to Wisconsin works agencies for
20subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000
21in fiscal year 1998-99. Amounts allocated under this paragraph shall include
22$20,000,000 in each fiscal year for the purposes set forth under s. 49.143 (2) (ep). The
23department shall establish by rule a method to determine the amount that each
24Wisconsin works agency must allocate for the activities specified in s. 49.143 (2) (ep).
25Any moneys that are allocated by a Wisconsin works agency for the activities
1specified in s. 49.143 (2) (ep) but are not spent by the end of the period specified in
2the contract between the department and the Wisconsin works agency shall be
3returned to the department, which shall add the moneys to the allocation under par.
4(c).
AB100-engrossed,883,75
(bg)
Long-term and refugee supplement. For payments to Wisconsin works
6agencies as a supplement for long-term and refugee cases, $8,200,000 in fiscal year
71997-98 and $9,800,000 in fiscal year 1998-99.
AB100-engrossed,883,108
(bm)
Wisconsin works agency office costs. For payments to Wisconsin works
9agencies for office costs, $104,117,000 in fiscal year 1997-98 and $115,293,800 in
10fiscal year 1998-99.
AB100-engrossed,883,1211
(br)
Payments for 2-parent families. For payments under s. 49.15 (4), $735,000
12in fiscal year 1997-98 and $1,100,000 in fiscal year 1998-99.
AB100-engrossed,883,1613
(c)
Wisconsin works agency contingency fund. For contingency payments to
14Wisconsin works agencies for subsidized employment and office costs to be
15distributed under criteria established by the department, $25,000,000 in the
161997-99 fiscal biennium.
AB100-engrossed,883,1817
(d)
Job opportunities and basic skills program. For services provided under s.
1849.193, $15,079,800 in fiscal year 1997-98.
AB100-engrossed,883,2019
(e)
County income maintenance administration. For county income
20maintenance administration, $6,665,600 in fiscal year 1997-98.
AB100-engrossed,883,2321
(f)
State administration of public assistance programs. For state
22administration of public assistance programs, $37,449,500 in fiscal year 1997-98
23and $34,338,100 in fiscal year 1998-99.
AB100-engrossed,883,2524
(g)
Emergency assistance. For emergency assistance under s. 49.138,
25$3,300,000 in each fiscal year.
AB100-engrossed,884,2
1(h)
Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in each
2fiscal year.
AB100-engrossed,884,43
(i)
Learnfare case management. For case management services for learnfare
4pupils under s. 49.26 (2), $2,619,100 in each fiscal year.
AB100-engrossed,884,65
(j)
Local learnfare projects. For local projects under the learnfare program
6under s. 49.26, $450,000 in fiscal year 1997-98.
AB100-engrossed,884,87
(k)
Children first. For services under the work experience program for
8noncustodial parents under s. 49.36, $1,316,400 in each fiscal year.
AB100-engrossed,884,109
(L)
County fraud investigations and error reduction. For county fraud
10investigations and error reductions under s. 49.197, $588,000 in each fiscal year.
AB100-engrossed,884,1211
(m)
Job access loans. For job access loans under s. 49.147 (6), $3,645,600 in
12fiscal year 1997-98 and $866,900 in fiscal year 1998-99.
AB100-engrossed,884,1513
(n)
Employment skills advancement grants. For employment skills
14advancement grants under s. 49.185, $833,300 in fiscal year 1997-98 and $1,000,000
15in fiscal year 1998-99.
AB100-engrossed,884,1716
(o)
Direct child care services. For direct child care services under s. 49.155,
17$155,547,200 in fiscal year 1997-98 and $177,427,200 in fiscal year 1998-99.
AB100-engrossed,884,2118
(p)
Indirect child care services. For indirect child care services under s. 49.131
19(2) (b), $6,002,400 in each fiscal year. Notwithstanding sub. (2), the department may
20not use any funds allocated under this paragraph for any other purpose under this
21subsection.
AB100-engrossed,884,2422
(q)
Education, training and support services. In counties having a population
23of 500,000 or more, for the purposes set forth under s. 49.143 (2) (ep), $11,000,000 in
24fiscal year 1997-98 and $10,000,000 in fiscal year 1998-99.
AB100-engrossed,885,4
1(r)
Wisconsin works contracts in certain counties. For contracts with persons
2for oversight of the administrative structure of Wisconsin works, and of Wisconsin
3works agencies, in counties having a population of 500,000 or more, $1,000,000 in
4each fiscal year.
AB100-engrossed,885,65
(s)
New hope project. For the new hope project under s. 49.37, $1,560,000 in
6fiscal year 1997-98 and $690,000 in fiscal year 1998-99.
AB100-engrossed,885,117
(t)
Transportation assistance. For transportation assistance under s. 49.157,
8$1,000,000 in fiscal year 1997-98 and $2,000,000 in fiscal year 1998-99. The
9department may not distribute the funds under this paragraph unless the joint
10committee on finance supplements the appropriate appropriation from the
11appropriation under s. 20.865 (4) (m).
AB100-engrossed,885,1412
(u)
Hospital paternity incentives. For hospital paternity incentive payments
13under s. 69.14 (1) (cm), $54,000 in fiscal year 1997-98 and $144,000 in fiscal year
141998-99.
AB100-engrossed,885,1815
(v)
Passports for youth program. For the passports for youth program operated
16by the YMCA of Metropolitan Milwaukee, $500,000 in each fiscal year. The
17department may not distribute funds under this paragraph if the passports for youth
18program does not comply with P.L.
104-193, section 103.
AB100-engrossed,885,2119
(w)
Transfer of federal funds to the department of health and family services.
20For the transfer of federal funds to the department of health and family services, as
21provided in s. 20.445 (3) (md), for the following purposes, the following amounts:
AB100-engrossed,885,2322
1. `Kinship care assistance
.' For the kinship care program under s. 48.57 (3m)
23and (3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year 1998-99.
AB100-engrossed,886,224
2. `Children of recipients of supplemental security income.'
For payments made
25under s. 49.775 for the support of the dependent children of recipients of
1supplemental security income, $1,570,700 in fiscal year 1997-98 and $458,800 in
2fiscal year 1998-99.
AB100-engrossed,886,33
3. `Community aids.' For community aids, $31,800,000 in each fiscal year.
AB100-engrossed,886,64
4. `Milwaukee County liaison.' For a Milwaukee County child welfare liaison
5funded from the appropriation under s. 20.435 (8) (kx), $104,000 in fiscal year
61997-98 and $108,100 in fiscal year 1998-99.
AB100-engrossed,886,10
7(2) Transfer of funds. (a) With the approval of the secretary of
8administration, the department may use not more than 10% of the amounts required
9to be allocated for a purpose specified in any paragraph under sub. (1) for any other
10purpose specified in any other paragraph under sub. (1) in each fiscal year.
AB100-engrossed,886,1211
(b) The department may use more than 10% if all of the following conditions
12are met:
AB100-engrossed,886,1313
1. The secretary of administration approves the transfer.
AB100-engrossed,886,2114
2. The department submits a request for the transfer to the joint committee on
15finance and the joint committee on finance does not, within 14 days after receiving
16the request, schedule a meeting to review the transfer. If, within 14 days after
17receiving the request, the joint committee on finance schedules a meeting to review
18the transfer, the department may not use for another purpose specified under any
19paragraph under sub. (1) more than 10% of the amounts required to allocated for a
20different purpose specified in any other paragraph under sub. (1) unless it is
21approved by the committee, which may modify the proposed transfer.
AB100-engrossed, s. 1857pm
22Section 1857pm. 49.175 (1) (intro.) of the statutes, as created by 1997
23Wisconsin Act .... (this act), is amended to read:
AB100-engrossed,887,224
49.175
(1) Funds distribution. (intro.) Except as provided in sub. (2), within
25the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em),
1(g), (jg), (jL),
(k), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall
2allocate the following amounts for the following purposes:
AB100-engrossed, s. 1857q
3Section 1857q. 49.175 (1) (b) of the statutes, as created by 1997 Wisconsin Act
4.... (this act), is renumbered 49.175 (1) (b) 1. and amended to read:
AB100-engrossed,887,155
49.175
(1) (b) 1.
For Except as provided in subd. 2. for payments to Wisconsin
6works agencies for subsidized employment costs, $155,375,100 in fiscal year
71997-98 and $155,678,000 in fiscal year 1998-99. Amounts allocated under this
8paragraph shall include $20,000,000 in each fiscal year for the purposes set forth
9under s. 49.143 (2) (ep). The department shall establish by rule a method to
10determine the amount that each Wisconsin works agency must allocate for the
11activities specified in s. 49.143 (2) (ep). Any moneys that are allocated by a Wisconsin
12works agency for the activities specified in s. 49.143 (2) (ep) but are not spent by the
13end of the period specified in the contract between the department and the Wisconsin
14works agency shall be returned to the department, which shall add the moneys to the
15allocation under par. (c).
AB100-engrossed,887,2117
49.175
(1) (b) 2. The department of revenue shall determine the amount that
18is required to pay claims approved under s. 71.07 (9e) for participants under s. 49.147
19(4) (c). The department of workforce development shall subtract that amount from
20the allocation in subd. 1. and transfer the amount to the appropriation under s.
2120.835 (2) (k).
AB100-engrossed,887,2423
49.185
(1m) Funding. Payments for grants awarded under this section shall
24be made from the appropriations under s. 20.445 (3) (em) and (md).
AB100-engrossed,888,4
149.185
(5) Applicability. This section applies beginning on the
first day of the
26th month beginning after the date stated in the notice under s. 49.141 (2) (d)
, or on
3the first day of the first month beginning after the effective date of this subsection
4.... [revisor inserts date], whichever is later.
AB100-engrossed,888,156
49.19
(10) (d) Aid may also be paid under this section to a
licensed foster home
7or, treatment foster home,
to a group home
licensed under s. 48.625 or
to a 8child-caring institution by the state when the child is in the custody or guardianship
9of the state, when the child is a ward of an American Indian tribal court in this state
10and the placement is made under an agreement between the department and the
11tribal governing body or when the child was part of the state's direct service case load
12and was removed from the home of a relative specified in sub. (1) (a) as a result of
13a judicial determination that continuance in the home of a relative would be contrary
14to the child's welfare for any reason and the child is placed by the department of
15health and family services or the department of corrections.
AB100-engrossed,888,2117
49.19
(11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
18payments made under s. 20.445 (3)
(d) (dz) and
(p) (md) to persons or to families with
19dependent children shall be based on family size and shall be at 80% of the total of
20the allowances under subds. 2. and 4. plus the following standards of assistance
21beginning on September 1, 1987:
AB100-engrossed,889,223
49.19
(11s) (d) From the appropriation under s.
20.435 (4) 20.445 (3) (a), the
24department may award grants to county departments under ss. 46.215, 46.22 and
146.23 for providing
family planning education services
relating to family planning,
2as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).
AB100-engrossed,889,54
49.19
(19m) Notwithstanding subs. (1) to (19), no aid may be paid under this
5section for a child on whose behalf a payment is made under s. 49.775.
AB100-engrossed,889,77
49.19
(20) (b) Notwithstanding par. (a):
AB100-engrossed,889,128
1. If a nonlegally responsible relative is receiving aid under this section on
9behalf of a dependent child on the effective date of this subdivision .... [revisor inserts
10date], no aid under this section may be paid to the nonlegally responsible relative
11after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after
12the effective date of this subdivision .... [revisor inserts date], whichever is earlier.
AB100-engrossed,889,1613
2. If a nonlegally responsible relative is not receiving aid under this section on
14behalf of a dependent child on the effective date of this subdivision .... [revisor inserts
15date], no aid may be paid to the nonlegally responsible relative on or after the
16effective date of this subdivision .... [revisor inserts date].
AB100-engrossed,889,2518
49.191
(1) (b) Within the limits of funds available under s. 20.445 (3)
(cn) (cm),
19(dz), (jg)
, (md) and (na), the department shall provide funds for individuals who are
20working and who receive aid to families with dependent children to pay child care
21costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and
22child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes
23available if the child care is provided by a child care provider. This paragraph does
24not apply beginning on the first day of the 6th month beginning after the date stated
25in the notice under s. 49.141 (2) (d).
AB100-engrossed,890,112
49.193
(10m) Work-first program. The department shall select Kenosha
3county and additional counties in which to pilot the work-first program under this
4subsection. The work-first program shall be conducted as part of the job
5opportunities and basic skills program under this section and shall be funded from
6s. 20.445 (3)
(df) (dz). The work-first program shall seek to increase the amount of
7job opportunities and basic skills program services provided to recipients of aid to
8families with dependent children and to minimize the time between the date on
9which a person in a pilot county first applies for aid to families with dependent
10children under s. 49.19 and the date on which the person begins to participate in the
11job opportunities and basic skills program under this section.
AB100-engrossed,891,1713
49.195
(1) If any parent at the time of receiving aid under s. 49.19 or a benefit
14under s. 49.148,
49.153, 49.155 or 49.157 or at any time thereafter acquires property
15by gift, inheritance, sale of assets, court judgment or settlement of any damage claim,
16or by winning a lottery or prize, the county granting such aid, or the Wisconsin works
17agency granting such a benefit, may sue the parent on behalf of the department to
18recover the value of that portion of the aid or of the benefit which does not exceed the
19amount of the property so acquired. The value of the aid or benefit liable for recovery
20under this section may not include the value of work performed by a member of the
21family in a community work experience program under s. 46.215 (1) (o), 1991 stats.,
22s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work
23experience component under s. 49.193 (6). During the life of the parent, the 10-year
24statute of limitations may be pleaded in defense against any suit for recovery under
25this section; and if such property is his or her homestead it shall be exempt from
1execution on the judgment of recovery until his or her death or sale of the property,
2whichever occurs first. Notwithstanding the foregoing restrictions and limitations,
3where the aid or benefit recipient is deceased a claim may be filed against any
4property in his or her estate and the statute of limitations specified in s. 859.02 shall
5be exclusively applicable. The court may refuse to render judgment or allow the
6claim in any case where a parent, spouse or child is dependent on the property for
7support, and the court in rendering judgment shall take into account the current
8family budget requirement as fixed by the U.S. department of labor for the
9community or as fixed by the authorities of the community in charge of public
10assistance. The records of aid or benefits paid kept by the county, by the department
11or by the Wisconsin works agency are prima facie evidence of the value of the aid or
12benefits furnished. Liability under this section shall extend to any parent or
13stepparent whose family receives aid under s. 49.19 or benefits under s. 49.148,
1449.155 or 49.157 during the period that he or she is a member of the same household,
15but his or her liability is limited to such period. This section does not apply to medical
16and health assistance payments for which recovery is prohibited or restricted by
17federal law or regulation.
AB100-engrossed,891,2119
49.195
(3) Notwithstanding s. 49.96, the department shall promptly recover all
20overpayments made under s. 49.19, 49.148,
49.153, 49.155 or 49.157 and shall
21promulgate rules establishing policies and procedures to administer this subsection.
AB100-engrossed,892,1023
49.197
(1m) Fraud investigation. From the appropriations under s. 20.445 (3)
24(de) (dz), (L),
(md), (n) and (nL), the department shall establish a program to
25investigate suspected fraudulent activity on the part of recipients of medical
1assistance under subch. IV, aid to families with dependent children under s. 49.19
2and the food stamp program under
7 USC 2011 to
2029 2036 and on the part of
3participants in the Wisconsin works program under ss. 49.141 to 49.161. The
4department's activities under this subsection may include, but are not limited to,
5comparisons of information provided to the department by an applicant and
6information provided by the applicant to other federal, state and local agencies,
7development of an advisory welfare investigation prosecution standard and
8provision of funds to county departments under ss. 46.215, 46.22 and 46.23
and to
9Wisconsin works agencies to encourage activities to detect fraud. The department
10shall cooperate with district attorneys regarding fraud prosecutions.
AB100-engrossed,892,1812
49.197
(4) County and tribal error reduction. The department shall provide
13funds from the appropriations under s. 20.445 (3)
(de)
(dz), (L) and (Lm) and federal
14matching funds from the appropriations under s. 20.445 (3)
(md), (n) and (nL) to
15counties and governing bodies of federally recognized American Indian tribes
16administering medical assistance under subch. IV, aid to families with dependent
17children under s. 49.19 or the food stamp program under
7 USC 2011 to
2029 to offset
18administrative costs of reducing payment errors in those programs.