AB100: Bill Text Engrossed

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:

AB100-engrossed, s. 1887dj Section 1887dj. 49.26 (1) (h) 1. a. of the statutes is repealed.

AB100-engrossed, s. 1887dk Section 1887dk. 49.26 (1) (h) 1. am. of the statutes is repealed.

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

AB100-engrossed,899,7 49.26 (1) (h) 1. as. The individual has failed to request a hearing under s. 49.21 (1) or has failed to show good cause for the absences or nonenrollment under subd. 1. am. not cooperating with case management efforts in a hearing under s. 49.21 (1). If the individual is a recipient of aid under s. 49.19, the hearing shall be requested and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), the hearing shall be requested and held under s. 49.152. The department shall determine by rule the criteria for good cause.

AB100-engrossed, s. 1888g Section 1888g. 49.26 (1) (h) 1m. of the statutes is repealed.

AB100-engrossed, s. 1888gm Section 1888gm. 49.26 (1) (i) of the statutes is repealed.

AB100-engrossed, s. 1889c Section 1889c. 49.26 (2) (b) of the statutes is amended to read:

AB100-engrossed,899,24 49.26 (2) (b) From the appropriation under s. 20.445 (3) (dg), the department shall allocate funds to county County departments for the provision of or Wisconsin works agencies shall provide 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 of a county with a population of 500,000 or more. A county department 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.

AB100-engrossed, s. 1890 Section 1890. 49.27 (5) (e) 5. of the statutes is amended to read:

AB100-engrossed,900,7 49.27 (5) (e) 5. A person in need of a high school diploma shall be assigned to a course of study meeting the standards established by the secretary of education state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation unless the person demonstrates a basic literacy level or the employability plan for the individual identifies a long-term employment goal that does not require a high school diploma or a declaration of equivalency.

AB100-engrossed, s. 1891 Section 1891. 49.27 (8) of the statutes is repealed.

AB100-engrossed, s. 1892 Section 1892. 49.27 (11) (i) of the statutes is amended to read:

AB100-engrossed,900,11 49.27 (11) (i) Provide transitional child care services under sub. (6), and shelter payments under sub. (7) and transitional medical assistance coverage under sub. (8).

AB100-engrossed, s. 1893 Section 1893. 49.30 (2) of the statutes is amended to read:

AB100-engrossed,900,21 49.30 (2) The state From the appropriation under s. 20.445 (3) (dz), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1). The state From the appropriation under s. 20.445 (3) (dz), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.

AB100-engrossed, s. 1894 Section 1894. 49.32 (8) of the statutes is amended to read:

AB100-engrossed,901,7 49.32 (8) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of aid to families with dependent children under s. 49.19 and by participants under Wisconsin works under ss. 49.141 to 49.161 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.95 when warranted. The department shall use the state wage reporting system under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks.

AB100-engrossed, s. 1895 Section 1895. 49.32 (9) (a) of the statutes is amended to read:

AB100-engrossed,901,19 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 of all persons receiving such aid to families with dependent children 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, 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. 42.261 46.261 or 49.19 (10).

AB100-engrossed, s. 1896 Section 1896. 49.32 (9) (b) of the statutes is amended to read:

AB100-engrossed,902,20 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. or Wisconsin works agency Within 7 days after the record is inspected, or on the next regularly scheduled communication with that person, whichever is sooner, the county department or Wisconsin works agency shall notify each person whose name and amount of aid was inspected that the record was inspected and of the name and address of the person making such inspection. County departments under ss. 46.215 and, 46.22 and 46.23 administering aid to families with dependent children and Wisconsin works agencies administering Wisconsin works under ss. 49.141 to 49.161 may withhold the right to inspect the name of and amount paid to recipients from private individuals who are not inspecting this information for purposes related to public, educational, organizational, governmental or research purposes until the person whose record is to be inspected is notified by the county department or Wisconsin works agency, but in no case may the county department or Wisconsin works agency withhold this information for more than 5 working days. The county department or Wisconsin works agency shall keep a record of such requests. The record shall indicate the name, address, employer and telephone number of the person making the request. If the person refuses to provide his or her name, address, employer and telephone number, the request to inspect this information may be denied.

AB100-engrossed, s. 1897 Section 1897. 49.32 (10) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,903,2 49.32 (10) (a) (intro.) Each county department under s. 46.215 or, 46.22 or 46.23 may release the current address of a recipient of food stamps or 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 or, if administering the food stamp program, of a food stamp recipient, to a law enforcement officer if the officer meets all of the following conditions:

AB100-engrossed, s. 1898 Section 1898. 49.32 (10) (a) 1. of the statutes is amended to read:

AB100-engrossed,903,5 49.32 (10) (a) 1. The officer provides, in writing, the name and social security number of the recipient or participant.

AB100-engrossed, s. 1899 Section 1899. 49.32 (10) (a) 2. a. of the statutes is amended to read:

AB100-engrossed,903,10 49.32 (10) (a) 2. a. That the recipient or participant is a fugitive felon under 42 USC 602 608 (a) (9), is violating a condition of probation or parole imposed under state or federal law or has information that is necessary for the officer to conduct the official duties of the officer.

AB100-engrossed, s. 1900 Section 1900. 49.32 (10) (a) 2. b. of the statutes is amended to read:

AB100-engrossed,903,13 49.32 (10) (a) 2. b. That the location or apprehension of the felon recipient or participant under subd. 2. a. is within the official duties of the officer.

AB100-engrossed, s. 1901 Section 1901. 49.33 (2) of the statutes is amended to read:

AB100-engrossed,903,23 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 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) (de) (dz), (md) and (nL) in accordance with the reimbursement method established under sub. (8). The department may reduce its payment to any county under s. 20.445 (3) (de) (dz), (md) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB100-engrossed, s. 1902 Section 1902. 49.33 (8) (a) of the statutes is amended to read:

AB100-engrossed,904,7 49.33 (8) (a) The department shall reimburse each county for reasonable costs of income maintenance relating to the administration of the programs under this subchapter and subch. IV according to a formula based on workload within the limits of available state and federal funds under s. 20.445 (3) (de), (dz), (md) and (nL) by contract under s. 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

AB100-engrossed, s. 1903 Section 1903. 49.33 (9) of the statutes is amended to read: