Amendment AA2-SB331

LRBa1135/1

PJK:bjk&nwn:md

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2009 SENATE BILL 331

November 5, 2009 - Offered by Representative Vos.

SB331-AA2,1,1 At the locations indicated, amend the bill as follows:

SB331-AA2,1,5 1. Page 2, line 2: on page 1, line 9, of the material inserted by senate amendment 1 to senate amendment 3, after "Shares;" insert "terminating child care subsidy payments under Wisconsin Works if a case is referred to the district attorney on suspicion of fraud;".

SB331-AA2,1,6 2. Page 21, line 12: after that line insert:

SB331-AA2,1,7 " Section 36r. 49.155 (3m) (g) of the statutes is created to read:

SB331-AA2,2,4 49.155 (3m) (g) If, on the basis of a reasonable suspicion of fraud on the part of an individual receiving a child care subsidy under this section, a county department or agency refers the matter to a district attorney, the county department or agency may terminate payment of any child care subsidy for child care services provided for a child of the individual. If the county department or agency decides to terminate an individual's child care subsidy under this paragraph, and the individual does not rectify the situation after notice under s. 49.153 and either does not timely petition for review under s. 49.152 of the termination of benefits or timely petitions for review under s. 49.152 but does not prevail, the individual shall not be eligible for a subsidy again until the earliest of any of the following occurs:

SB331-AA2,2,6 1. Six months elapse since the referral and the district attorney has not charged the individual with a crime in connection with the referral.

SB331-AA2,2,7 2. All charges filed in connection with the referral are dismissed.

SB331-AA2,2,10 3. The trial court reaches final disposition for all charges in connection with the referral and the individual is not adjudged guilty of a crime in connection with the referral.

SB331-AA2,2,12 4. The individual was adjudged guilty of a crime in connection with the referral and the conviction is reversed, set aside, or vacated.".

SB331-AA2,2,14 3. Page 24, line 1: on page 9, line 17, of the material inserted by senate amendment 3, after "49.155" insert "(3m) (g) and".

SB331-AA2,2,16 4. Page 24, line 7: after that line, after the material inserted by senate amendment 3, insert:

SB331-AA2,2,20 "(2g) Discontinuation of child care subsidy if matter referred to district attorney. The treatment of section 49.155 (3m) (g) of the statutes first applies to matters based on a reasonable suspicion of fraud that are referred to a district attorney on the effective date of this subsection.".

SB331-AA2,2,22 5. Page 24, line 13: after that line, after the material inserted by senate amendment 3, insert:

SB331-AA2,3,3 "(2r) Discontinuation of child care subsidy if matter referred to district attorney. The treatment of section 49.155 (3m) (g) of the statutes and Section 40 (2g) of this act take effect on the day after publication.".

SB331-AA2,3,4 (End)