AB100: Bill Text Engrossed

AB100-engrossed,885,18 (v) Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee, $500,000 in each fiscal year. The department may not distribute funds under this paragraph if the passports for youth program does not comply with P.L. 104-193, section 103.

AB100-engrossed,885,21 (w) Transfer of federal funds to the department of health and family services. For the transfer of federal funds to the department of health and family services, as provided in s. 20.445 (3) (md), for the following purposes, the following amounts:

AB100-engrossed,885,23 1. `Kinship care assistance.' For the kinship care program under s. 48.57 (3m) and (3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year 1998-99.

AB100-engrossed,886,2 2. `Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $1,570,700 in fiscal year 1997-98 and $458,800 in fiscal year 1998-99.

AB100-engrossed,886,3 3. `Community aids.' For community aids, $31,800,000 in each fiscal year.

AB100-engrossed,886,6 4. `Milwaukee County liaison.' For a Milwaukee County child welfare liaison funded from the appropriation under s. 20.435 (8) (kx), $104,000 in fiscal year 1997-98 and $108,100 in fiscal year 1998-99.

AB100-engrossed,886,10 (2) Transfer of funds. (a) With the approval of the secretary of administration, the department may use not more than 10% of the amounts required to be allocated for a purpose specified in any paragraph under sub. (1) for any other purpose specified in any other paragraph under sub. (1) in each fiscal year.

AB100-engrossed,886,12 (b) The department may use more than 10% if all of the following conditions are met:

AB100-engrossed,886,13 1. The secretary of administration approves the transfer.

AB100-engrossed,886,21 2. The department submits a request for the transfer to the joint committee on finance and the joint committee on finance does not, within 14 days after receiving the request, schedule a meeting to review the transfer. If, within 14 days after receiving the request, the joint committee on finance schedules a meeting to review the transfer, the department may not use for another purpose specified under any paragraph under sub. (1) more than 10% of the amounts required to allocated for a different purpose specified in any other paragraph under sub. (1) unless it is approved by the committee, which may modify the proposed transfer.

AB100-engrossed, s. 1857pm Section 1857pm. 49.175 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,887,2 49.175 (1) Funds distribution. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (k), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:

AB100-engrossed, s. 1857q Section 1857q. 49.175 (1) (b) of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 49.175 (1) (b) 1. and amended to read:

AB100-engrossed,887,15 49.175 (1) (b) 1. For Except as provided in subd. 2. for payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $155,678,000 in fiscal year 1998-99. Amounts allocated under this paragraph shall include $20,000,000 in each fiscal year for the purposes set forth under s. 49.143 (2) (ep). The department shall establish by rule a method to determine the amount that each Wisconsin works agency must allocate for the activities specified in s. 49.143 (2) (ep). Any moneys that are allocated by a Wisconsin works agency for the activities specified in s. 49.143 (2) (ep) but are not spent by the end of the period specified in the contract between the department and the Wisconsin works agency shall be returned to the department, which shall add the moneys to the allocation under par. (c).

AB100-engrossed, s. 1857r Section 1857r. 49.175 (1) (b) 2. of the statutes is created to read:

AB100-engrossed,887,21 49.175 (1) (b) 2. The department of revenue shall determine the amount that is required to pay claims approved under s. 71.07 (9e) for participants under s. 49.147 (4) (c). The department of workforce development shall subtract that amount from the allocation in subd. 1. and transfer the amount to the appropriation under s. 20.835 (2) (k).

AB100-engrossed, s. 1858 Section 1858. 49.185 (1m) of the statutes is created to read:

AB100-engrossed,887,24 49.185 (1m) Funding. Payments for grants awarded under this section shall be made from the appropriations under s. 20.445 (3) (em) and (md).

AB100-engrossed, s. 1858m Section 1858m. 49.185 (5) of the statutes is amended to read:

AB100-engrossed,888,4 49.185 (5) Applicability. This section applies beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), or on the first day of the first month beginning after the effective date of this subsection .... [revisor inserts date], whichever is later.

AB100-engrossed, s. 1860 Section 1860. 49.19 (10) (d) of the statutes is amended to read:

AB100-engrossed,888,15 49.19 (10) (d) Aid may also be paid under this section to a licensed foster home or, treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

AB100-engrossed, s. 1861 Section 1861. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB100-engrossed,888,21 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (d) (dz) and (p) (md) 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:

AB100-engrossed, s. 1861d Section 1861d. 49.19 (11s) (d) of the statutes is amended to read:

AB100-engrossed,889,2 49.19 (11s) (d) From the appropriation under s. 20.435 (4) 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).

AB100-engrossed, s. 1862 Section 1862. 49.19 (19m) of the statutes is created to read:

AB100-engrossed,889,5 49.19 (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this section for a child on whose behalf a payment is made under s. 49.775.

AB100-engrossed, s. 1863 Section 1863. 49.19 (20) (b) of the statutes is repealed and recreated to read:

AB100-engrossed,889,7 49.19 (20) (b) Notwithstanding par. (a):

AB100-engrossed,889,12 1. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid under this section may be paid to the nonlegally responsible relative after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after the effective date of this subdivision .... [revisor inserts date], whichever is earlier.

AB100-engrossed,889,16 2. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid may be paid to the nonlegally responsible relative on or after the effective date of this subdivision .... [revisor inserts date].

AB100-engrossed, s. 1864 Section 1864. 49.191 (1) (b) of the statutes is amended to read:

AB100-engrossed,889,25 49.191 (1) (b) Within the limits of funds available under s. 20.445 (3) (cn) (cm), (dz), (jg), (md) 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).

AB100-engrossed, s. 1866 Section 1866. 49.193 (10m) of the statutes is amended to read:

AB100-engrossed,890,11 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) (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.

AB100-engrossed, s. 1866v Section 1866v. 49.195 (1) of the statutes is amended to read:

AB100-engrossed,891,17 49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.148, 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). 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, 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. 49.148, 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.

AB100-engrossed, s. 1866x Section 1866x. 49.195 (3) of the statutes is amended to read:

AB100-engrossed,891,21 49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.153, 49.155 or 49.157 and shall promulgate rules establishing policies and procedures to administer this subsection.

AB100-engrossed, s. 1871 Section 1871. 49.197 (1m) of the statutes is amended to read:

AB100-engrossed,892,10 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) (de) (dz), (L), (md), (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 2036 and on the part of participants in the Wisconsin works program 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 ss. 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.

AB100-engrossed, s. 1872 Section 1872. 49.197 (4) of the statutes is amended to read:

AB100-engrossed,892,18 49.197 (4) County and tribal error reduction. The department shall provide funds from the appropriations under s. 20.445 (3) (de) (dz), (L) and (Lm) and federal matching funds from the appropriations under s. 20.445 (3) (md), (n) and (nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under subch. IV, 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.

AB100-engrossed, s. 1873c Section 1873c. 49.20 (3) of the statutes is amended to read:

AB100-engrossed,892,25 49.20 (3) Payment. Aid under this section shall be paid from the appropriation under s. 20.445 (3) (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.

AB100-engrossed, s. 1873f Section 1873f. 49.20 (5) of the statutes is created to read:

AB100-engrossed,893,4 49.20 (5) Sunset. No aid may be paid under this section beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-engrossed, s. 1877r Section 1877r. 49.22 (2m) of the statutes is amended to read:

AB100-engrossed,893,14 49.22 (2m) The department may request from any person any information it determines appropriate and necessary for the administration of this section, ss. 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. Except as provided in sub. (2p) and subject to sub. (12), the department or the county child and spousal support agency under s. 59.53 (5) may disclose information obtained under this subsection only in the administration of this section, ss. 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB100-engrossed, s. 1878 Section 1878. 49.22 (2p) of the statutes is amended to read:

AB100-engrossed,893,21 49.22 (2p) The Except as provided in sub. (12), the department or a county child and spousal support agency under s. 59.53 (5) may disclose to a parent with legal custody of a child, upon the parent's request, the last-known address, and the name and address of the last-known employer, of the child's other parent if that other parent owes a support obligation to the child and is in arrears in the payment of the support.

AB100-engrossed, s. 1878p Section 1878p. 49.22 (6) of the statutes is amended to read:

AB100-engrossed,894,5 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB100-engrossed, s. 1879 Section 1879. 49.22 (7) of the statutes is amended to read:

AB100-engrossed,894,20 49.22 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.53 (6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under s. 20.445 (3) (p) (md) to carry out a contract under this subsection.

AB100-engrossed, s. 1881 Section 1881. 49.22 (12) of the statutes is created to read:

AB100-engrossed,894,24 49.22 (12) The department or a county child support agency under s. 59.53 (5) may not release information to a person about the whereabouts of another person if any of the following applies:

AB100-engrossed,895,5 (a) The person seeking the information is subject to a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125 or 813.127 with respect to the person about whom the information is sought; and the department or county child support agency under s. 59.53 (5) has notice of the temporary restraining order or injunction.

AB100-engrossed,895,8 (b) The department or county child support agency under s. 59.53 (5) has reason to believe that releasing the information may result in physical or emotional harm to the person about whom the information is sought.

AB100-engrossed, s. 1882m Section 1882m. 49.24 of the statutes is created to read:

AB100-engrossed,895,14 49.24 Child support incentive payments. (1) From the appropriation under s. 20.445 (3) (g), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.

AB100-engrossed,895,18 (2) The department shall distribute the payments under sub. (1) in accordance with a formula developed by the department in consultation with representatives of counties. The total of payments made to counties under sub. (1) and in federal child support incentive payments may not exceed $10,500,000 in a state fiscal year.

AB100-engrossed,895,20 (3) A county that receives payment under sub. (1) may use the funds only to pay costs under its child support program under s. 49.22.

AB100-engrossed, s. 1882n Section 1882n. 49.24 (1) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,896,2 49.24 (1) From the appropriation under s. 20.445 (3) (g) (k), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.

AB100-engrossed, s. 1883m Section 1883m. 49.25 (7) (a) of the statutes is amended to read:

AB100-engrossed,896,10 49.25 (7) (a) The department shall contract with the county department under s. 46.215, 46.22 or 46.23 to provide education on parenting, human growth and development, family planning, as defined in s. 253.07 (1) (a), and independent living skills and to provide employment-related training to persons subject to the program under this section and to persons subject to orders under s. 767.078 (1) (d). The county department may contract with other agencies for the provision of these services.

AB100-engrossed, s. 1884 Section 1884. 49.26 (1) (a) 2. d. of the statutes is amended to read:

AB100-engrossed,896,14 49.26 (1) (a) 2. d. A course of study meeting the standards established by the secretary of education state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

AB100-engrossed, s. 1884f Section 1884f. 49.26 (1) (c) of the statutes is amended to read:

AB100-engrossed,896,18 49.26 (1) (c) A county department or Wisconsin works agency may provide services under this subsection directly or may contract with a nonprofit agency or a school district to provide the services.

AB100-engrossed, s. 1884g Section 1884g. 49.26 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-engrossed,897,4 49.26 (1) (d) A county department or Wisconsin works agency that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department or Wisconsin works agency and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department or Wisconsin works agency shall submit the plan to the department of workforce development and the department of public instruction by August January 15, annually.

AB100-engrossed, s. 1886 Section 1886. 49.26 (1) (e) of the statutes is amended to read:

AB100-engrossed,897,15 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. 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.

AB100-engrossed, s. 1887 Section 1887. 49.26 (1) (g) 1. of the statutes is amended to read:

AB100-engrossed,897,20 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 17 years of age. Beginning on the first day of the fall 1997 school term, as defined in s. 115.001 (12), the individual is 6 to 19 17 years of age.

AB100-engrossed, s. 1887d Section 1887d. 49.26 (1) (ge) (intro.) and 1. of the statutes are consolidated, renumbered 49.26 (1) (ge) and amended to read:

AB100-engrossed,898,2 49.26 (1) (ge) An individual who is subject to this paragraph fails to meet the school attendance requirement if the individual meets at least one of the following conditions: 1. The individual is either is not enrolled in school or is a habitual truant was not enrolled in the immediately preceding semester. The Wisconsin works agency or county department shall verify enrollment.

AB100-engrossed, s. 1887dc Section 1887dc. 49.26 (1) (ge) 2. of the statutes is repealed.

AB100-engrossed, s. 1887df Section 1887df. 49.26 (1) (gm) of the statutes is repealed and recreated to read:

AB100-engrossed,898,8 49.26 (1) (gm) 1. The following individuals who are subject to the school attendance requirement under the learnfare program are required to participate in case management under sub. (2) (b):

AB100-engrossed,898,9 a. Minor parents.

AB100-engrossed,898,10 b. Habitual truants.

AB100-engrossed,898,13 c. Dropouts, as defined in s. 118.153 (1) (b), including individuals who were dropouts and reenrolled in school in the same or immediately succeeding semester in which they dropped out of school.

AB100-engrossed,898,16 2. The department may, in accordance with rules promulgated by the department, sanction any individual specified under subd. 1. who fails to cooperate with case management efforts.

AB100-engrossed, s. 1887dh Section 1887dh. 49.26 (1) (h) 1. (intro.) of the statutes is amended to read:

AB100-engrossed,898,21 49.26 (1) (h) 1. (intro.) An individual who is 6 to 12 years of age and who fails to meet the school attendance requirement under par. (ge) cooperate with case management efforts under par. (gm) is subject to sanctions as provided under subd. 1s. only if all of the following apply: