SB40-CSA1,685,1612 49.19 (11) (a) 1. a. Except as provided in subs. (11m) and (11s), monthly
13payments made under s. 20.445 (3) 20.437 (2) (dz) and (md) to persons or to families
14with dependent children shall be based on family size and shall be at 80% of the total
15of the allowances under subds. 2. and 4. plus the following standards of assistance
16beginning on September 1, 1987: - See PDF for table PDF
SB40-CSA1, s. 1463 17Section 1463. 49.19 (11s) (d) of the statutes is amended to read:
SB40-CSA1,686,4
149.19 (11s) (d) From the appropriation under s. 20.445 (3) 20.437 (2) (a), the
2department may award grants to county departments under ss. 46.215, 46.22 and
346.23 for providing education services relating to family planning, as defined in s.
4253.07 (1) (a), to persons who are subject to par. (b).
SB40-CSA1, s. 1464 5Section 1464. 49.195 (3r) of the statutes is amended to read:
SB40-CSA1,686,96 49.195 (3r) From the appropriation under s. 20.445 (3) 20.437 (2) (L) the
7department may contract with or employ a collection agency or other person to
8enforce a repayment obligation of a person who is found liable under sub. (3) who is
9delinquent in making repayments.
SB40-CSA1, s. 1465 10Section 1465. 49.197 (1m) of the statutes is amended to read:
SB40-CSA1,687,311 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3)
1220.437 (2) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program
13to investigate suspected fraudulent activity on the part of recipients of aid to families
14with dependent children under s. 49.19, on the part of participants in the Wisconsin
15Works program under ss. 49.141 to 49.161, and, if the department of health and
16family services contracts with the department under sub. (5), on the part of recipients
17of medical assistance under subch. IV, food stamp benefits under the food stamp
18program under 7 USC 2011 to 2036, supplemental security income payments under
19s. 49.77, payments for the support of children of supplemental security income
20recipients under s. 49.775, and health care benefits under the Badger Care health
21care program under s. 49.665. The department's activities under this subsection may
22include, but are not limited to, comparisons of information provided to the
23department by an applicant and information provided by the applicant to other
24federal, state, and local agencies, development of an advisory welfare investigation
25prosecution standard, and provision of funds to county departments under ss.

146.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to
2detect fraud. The department shall cooperate with district attorneys regarding
3fraud prosecutions.
SB40-CSA1, s. 1465m 4Section 1465m. 49.197 (2) of the statutes is created to read:
SB40-CSA1,687,75 49.197 (2) Fraud investigation by counties and tribal governing bodies. (a)
6In this subsection, "tribal governing body" means an elected governing body of a
7federally recognized American Indian tribe.
SB40-CSA1,687,128 (b) A county or tribal governing body may establish a program to investigate
9suspected fraudulent activity on the part of participants in the Wisconsin Works
10program under this subchapter, including persons receiving a child care subsidy
11under s. 49.155, and to recover incorrect payments made or incorrect benefits
12provided as a result of fraudulent activity.
SB40-CSA1,687,1413 (c) If a county or tribal governing body establishes a program under par. (b), the
14county or tribal governing body shall pay to the department all of the following:
SB40-CSA1,687,1715 1. Fifty percent of all amounts recovered by the county or tribal governing body
16as a result of its program during the first month in which it recovers any amounts
17as a result of its program.
SB40-CSA1,687,2018 2. Sixty-six percent of all amounts recovered by the county or tribal governing
19body as a result of its program during the 2nd month in which it recovers any
20amounts as a result of its program.
SB40-CSA1,687,2321 3. One hundred percent of all amounts recovered by the county or tribal
22governing body as a result of its program after the 2nd month in which it recovers
23any amounts as a result of its program.
SB40-CSA1,688,424 (d) The department shall credit all moneys received under this subsection to
25the appropriation account under s. 20.445 (3) (g). The department shall use moneys

1recovered as a result of fraud in the Wisconsin Works program, other than the child
2care subsidy program under s. 49.155, for the Wisconsin Works program other than
3the child care subsidy program and shall use moneys recovered as a result of fraud
4in the child care subsidy program under s. 49.155 for the child care subsidy program.
SB40-CSA1, s. 1465p 5Section 1465p. 49.197 (2) (d) of the statutes, as created by 2007 Wisconsin Act
6.... (this act), is amended to read:
SB40-CSA1,688,137 49.197 (2) (d) The department shall credit all moneys received under this
8subsection to the appropriation account under s. 20.445 (3) 20.437 (2) (g). The
9department shall use moneys recovered as a result of fraud in the Wisconsin Works
10program, other than the child care subsidy program under s. 49.155, for the
11Wisconsin Works program other than the child care subsidy program and shall use
12moneys recovered as a result of fraud in the child care subsidy program under s.
1349.155 for the child care subsidy program.
SB40-CSA1, s. 1466 14Section 1466. 49.197 (4) of the statutes is amended to read:
SB40-CSA1,688,2315 49.197 (4) County and tribal error reduction. If the department of health and
16family services contracts with the department under sub. (5), the department shall
17provide funds from the appropriation under s. 20.445 (3) 20.437 (2) (kx) to counties
18and governing bodies of federally recognized American Indian tribes administering
19Medical Assistance under subch. IV, the food stamp program under 7 USC 2011 to
202036, the supplemental security income payments program under s. 49.77, the
21program providing payments for the support of children of supplemental security
22income recipients under s. 49.775, and the Badger Care health care program under
23s. 49.665 to offset administrative costs of reducing payment errors in those programs.
SB40-CSA1, s. 1467 24Section 1467. 49.22 (2m) (a) of the statutes is amended to read:
SB40-CSA1,689,14
149.22 (2m) (a) The department may request from any person in this state
2information it determines appropriate and necessary for the administration of this
3section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468 and , 49.47, and 49.471 and
4programs carrying out the purposes of 7 USC 2011 to 2029. Unless access to the
5information is prohibited or restricted by law, or unless the person has good cause,
6as determined by the department in accordance with federal law and regulations, for
7refusing to cooperate, the person shall make a good faith effort to provide this
8information within 7 days after receiving a request under this paragraph. Except
9as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the
10county child support agency under s. 59.53 (5) may disclose information obtained
11under this paragraph only in the administration of this section, ss. 49.141 to 49.161,
1249.19, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC
132011
to 2029. Employees of the department or a county child support agency under
14s. 59.53 (5) are subject to s. 49.83.
SB40-CSA1, s. 1468 15Section 1468. 49.22 (2m) (b) of the statutes is amended to read:
SB40-CSA1,689,2016 49.22 (2m) (b) The department or county child support agency under s. 59.53
17(5) may issue a subpoena, in substantially the form authorized under s. 885.02, to
18compel the production of financial information and other documentary evidence in
19the administration of this section, ss. 49.145, 49.19, 49.46 and, 49.47, and 49.471 and
20programs carrying out the purposes of 7 USC 2011 to 2029.
SB40-CSA1, s. 1469 21Section 1469. 49.22 (2m) (c) 3. of the statutes is amended to read:
SB40-CSA1,690,222 49.22 (2m) (c) 3. Any other action taken in good faith to comply with this section
23or a subpoena described in par. (bc) or to comply with a request for information or
24access to records from the department or a county child support agency under s. 59.53

1(5) in the administration of this section, ss. 49.145, 49.19, 49.46 and, 49.47, and
249.471
and programs carrying out the purposes of 7 USC 2011 to 2029.
SB40-CSA1, s. 1470 3Section 1470 . 49.22 (6) of the statutes is amended to read:
SB40-CSA1,690,124 49.22 (6) The department shall establish, pursuant to federal and state laws,
5rules and regulations, a uniform system of fees for services provided under this
6section to individuals not receiving aid under s. 46.261 48.645, 49.19, or 49.47;
7benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under
842 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term
9kinship care payments under s. 48.57 (3n). The system of fees may take into account
10an individual's ability to pay. Any fee paid and collected under this subsection may
11be retained by the county providing the service except for the fee specified in 42 USC
12653
(e) (2) for federal parent locator services.
SB40-CSA1, s. 1471 13Section 1471 . 49.22 (6) of the statutes, as affected by 2007 Wisconsin Act ....
14(this act), is amended to read:
SB40-CSA1,690,2315 49.22 (6) The department shall establish, pursuant to federal and state laws,
16rules and regulations, a uniform system of fees for services provided under this
17section to individuals not receiving aid under s. 48.645, 49.19 or, 49.47, or 49.471;
18benefits under s. 49.148, 49.155, or 49.79; foster care maintenance payments under
1942 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term
20kinship care payments under s. 48.57 (3n). The system of fees may take into account
21an individual's ability to pay. Any fee paid and collected under this subsection may
22be retained by the county providing the service except for the fee specified in 42 USC
23653
(e) (2) for federal parent locator services.
SB40-CSA1, s. 1472 24Section 1472. 49.22 (7) of the statutes is amended to read:
SB40-CSA1,691,14
149.22 (7) The department may represent the state in any action to establish
2paternity or to establish or enforce a support or maintenance obligation. The
3department may delegate its authority to represent the state in any action to
4establish paternity or to establish or enforce a support or maintenance obligation
5under this section to an attorney responsible for support enforcement under s. 59.53
6(6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall
7ensure that any such contract is for an amount reasonable and necessary to assure
8quality service. The department may, by such a contract, authorize a county to
9contract with any attorney, collection agency or other person to collect unpaid child
10support or maintenance. If a county fails to fully implement the programs under s.
1159.53 (5), the department may implement them and may contract with any
12appropriate person to obtain necessary services. The department shall establish a
13formula for disbursing funds appropriated under s. 20.445 (3) 20.437 (2) (md) to carry
14out a contract under this subsection.
SB40-CSA1, s. 1473 15Section 1473. 49.24 (1) of the statutes is amended to read:
SB40-CSA1,691,2216 49.24 (1) From the appropriation under s. 20.445 (3) (k) (b), the department
17shall provide child support incentive payments to counties. Total payments In fiscal
18year 2007-08, amounts allocated by the department under this subsection may not
19exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning
20with fiscal year 2008-09, amounts allocated
under this subsection may not exceed
21$5,690,000 $5,500,000 per fiscal year, plus any amounts not obligated in the prior
22fiscal year
.
SB40-CSA1, s. 1474 23Section 1474 . 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act ....
24(this act), section 1473, is amended to read:
SB40-CSA1,692,6
149.24 (1) From the appropriation under s. 20.445 (3) 20.437 (2) (b), the
2department shall provide child support incentive payments to counties. In fiscal
3year 2007-08, amounts allocated by the department under this subsection may not
4exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning
5with fiscal year 2008-09, amounts allocated under this subsection may not exceed
6$5,500,000 per fiscal year, plus any amounts not obligated in the prior fiscal year.
SB40-CSA1, s. 1474d 7Section 1474d. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act ....
8(this act), section 1473, is amended to read:
SB40-CSA1,692,159 49.24 (1) From the appropriation under s. 20.445 (3) (b) (k), the department
10shall provide child support incentive payments to counties. In fiscal year 2007-08,
11amounts allocated by the department
Total payments under this subsection may not
12exceed $2,750,000, plus any amounts not obligated in the prior fiscal year. Beginning
13with fiscal year 2008-09, amounts allocated under this subsection may not exceed
14$5,500,000
$5,690,000 per fiscal year, plus any amounts not obligated in the prior
15fiscal
year.
SB40-CSA1, s. 1475 16Section 1475. 49.24 (2) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,692,1917 49.24 (2) (b) (intro.) Subject to the incentive payments limit specified in par.
18(a), the department shall distribute to counties, in accordance with the formula
19established under par. (a), all of the following:
SB40-CSA1, s. 1475d 20Section 1475d. 49.24 (2) (b) (intro.) of the statutes, as affected by 2007
21Wisconsin Act .... (this act), is amended to read:
SB40-CSA1,692,2422 49.24 (2) (b) (intro.) Subject to the incentive payments limit specified in par.
23(a), the department shall distribute to counties, in accordance with the formula
24established under par. (a), all of the following:
SB40-CSA1, s. 1476 25Section 1476. 49.24 (2) (d) of the statutes is repealed.
SB40-CSA1, s. 1476d
1Section 1476d. 49.24 (2) (dm) of the statutes is created to read:
SB40-CSA1,693,52 49.24 (2) (dm) If the amount of federal child support incentive payments
3awarded to the state for a federal fiscal year is less than $12,340,000, the total of
4payments distributed to counties under par. (b) and sub. (1) for that federal fiscal
5year may not exceed $12,340,000.
SB40-CSA1, s. 1476g 6Section 1476g. 49.24 (4) of the statutes is created to read:
SB40-CSA1,693,107 49.24 (4) If federal legislation reinstates the matching of federal funds for
8federal child support incentive payments, the department shall provide a notice in
9the Wisconsin Administrative Register that states the effective date of that federal
10legislation.
SB40-CSA1, s. 1477 11Section 1477. 49.26 (1) (d) of the statutes is amended to read:
SB40-CSA1,693,2012 49.26 (1) (d) A county department or Wisconsin works Works agency that
13provides services under this subsection directly shall develop a plan, in coordination
14with the school districts located in whole or in part in the county, describing the
15assistance that the county department or Wisconsin works Works agency and school
16districts will provide to individuals receiving services under this subsection, the
17number of individuals that will be served and the estimated cost of the services. The
18county department or Wisconsin works Works agency shall submit the plan to the
19department of workforce development and the department of public instruction by
20January 15, annually.
SB40-CSA1, s. 1478 21Section 1478. 49.26 (1) (g) (intro.) of the statutes is amended to read:
SB40-CSA1,693,2522 49.26 (1) (g) (intro.) An individual who is a dependent child in a Wisconsin
23works Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5)
24or who is a recipient of aid under s. 49.19 is subject to the school attendance
25requirement under par. (ge) if all of the following apply:
SB40-CSA1, s. 1479
1Section 1479. 49.26 (1) (h) 1s. b. of the statutes is amended to read:
SB40-CSA1,694,52 49.26 (1) (h) 1s. b. An individual who is a dependent child in a Wisconsin works
3Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) and who
4fails to meet the school attendance requirement under par. (ge) is subject to a
5monthly sanction.
SB40-CSA1, s. 1480 6Section 1480. 49.27 of the statutes is created to read:
SB40-CSA1,694,7 749.27 Legal actions. The department may sue and be sued.
SB40-CSA1, s. 1481 8Section 1481. 49.273 of the statutes is created to read:
SB40-CSA1,694,14 949.273 Research, investigations. The secretary shall plan for and establish
10within the department a program of research designed to determine the
11effectiveness of the treatment, curative, and rehabilitative programs of the various
12divisions of the department. The secretary may inquire into any matter affecting
13children and families, hold hearings, subpoena witnesses and make
14recommendations on those matters to the appropriate public or private agencies.
SB40-CSA1, s. 1482 15Section 1482. 49.275 of the statutes is amended to read:
SB40-CSA1,694,20 1649.275 Cooperation with federal government. The department may
17cooperate with the federal government in carrying out federal acts concerning public
18assistance under this subchapter and child welfare under ch. 48 and in other matters
19of mutual concern under this subchapter pertaining to public welfare and under ch.
2048 pertaining to child welfare
.
SB40-CSA1, s. 1483 21Section 1483. 49.32 (1) (a) of the statutes is amended to read:
SB40-CSA1,695,722 49.32 (1) (a) The Except as provided in s. 49.345 (14) (b) and (c), the department
23shall establish a uniform system of fees for services provided or purchased under this
24subchapter and ch. 48 by the department, or a county department under s. 46.215,
2546.22, or 46.23, except as provided in s. 49.22 (6) and except where when, as

1determined by the department, a fee is administratively unfeasible or would
2significantly prevent accomplishing the purpose of the service. A county department
3under s. 46.215, 46.22 or 46.23 shall apply the fees which that it collects under this
4program to cover the cost of such those services. The department shall report to the
5joint committee on finance no later than March 1 of each year on the number of
6children placed for adoption by the department during the previous year and the
7costs to the state for services relating to such adoptions.
SB40-CSA1, s. 1484 8Section 1484. 49.32 (1) (am) of the statutes is created to read:
SB40-CSA1,695,119 49.32 (1) (am) Paragraph (a) does not prevent the department from charging
10and collecting the cost of adoptive placement investigations and child care as
11authorized under s. 48.837 (7).
SB40-CSA1, s. 1485 12Section 1485. 49.32 (1) (b) of the statutes is amended to read:
SB40-CSA1,695,2013 49.32 (1) (b) Any Except as provided in s. 49.345 (14) (b) and (c), any person
14receiving services provided or purchased under par. (a) or the spouse of the person
15and, in the case of a minor, the parents of the person, and, in the case of a foreign child
16described in s. 48.839 (1) who became dependent on public funds for his or her
17primary support before an order granting his or her adoption, the resident of this
18state appointed guardian of the child by a foreign court who brought the child into
19this state for the purpose of adoption, shall be liable for the services in the amount
20of the fee established under par. (a).
SB40-CSA1, s. 1486 21Section 1486. 49.32 (1) (c) of the statutes is amended to read:
SB40-CSA1,696,222 49.32 (1) (c) The department shall make collections from the person who in the
23opinion of the department is best able to pay, giving due regard to the present needs
24of the person or of his or her lawful dependents. The department may bring an action
25in the name of the department to enforce the liability established under par. (b). This

1paragraph does not apply to the recovery of fees for the care and services specified
2under s. 49.345.
SB40-CSA1, s. 1487 3Section 1487. 49.32 (2) (d) of the statutes is created to read:
SB40-CSA1,696,54 49.32 (2) (d) The department shall disburse from state or federal funds or both
5the entire amount and charge the county for its share under s. 48.569.
SB40-CSA1, s. 1488 6Section 1488. 49.32 (9) (a) of the statutes is amended to read:
SB40-CSA1,696,177 49.32 (9) (a) Each county department under s. 46.215, 46.22, or 46.23
8administering aid to families with dependent children shall maintain a monthly
9report at its office showing the names of all persons receiving aid to families with
10dependent children together with the amount paid during the preceding month.
11Each Wisconsin works Works agency administering Wisconsin works Works under
12ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names
13of all persons receiving benefits under s. 49.148 together with the amount paid
14during the preceding month. Nothing in this paragraph shall be construed to
15authorize or require the disclosure in the report of any information (names, amounts
16of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children
17in foster homes or treatment foster homes under s. 46.261 48.645 or 49.19 (10).
SB40-CSA1, s. 1489 18Section 1489. 49.32 (11) of the statutes is renumbered 103.005 (21) and
19amended to read:
SB40-CSA1,697,220 103.005 (21) Community action agencies. The department shall distribute all
21of the funds under s. 20.445 (3) (1) (cr) to community action agencies and
22organizations, including any of the 11 federally recognized tribal governing bodies
23in this state and limited-purpose agencies, in proportion to the share of funds
24actually allocated to these entities under 42 USC 1315 and from other federal and

1private foundation sources that provide funds for job creation and development for
2individuals with low incomes.
SB40-CSA1, s. 1490 3Section 1490. 49.32 (11m) of the statutes is created to read:
SB40-CSA1,697,74 49.32 (11m) Consolidation of allocated tribal funds. The department may
5consolidate funds appropriated under s. 20.437 that are authorized or required to be
6allocated to federally recognized American Indian tribes or bands into a single
7distribution for each tribe or band in each fiscal year.
SB40-CSA1, s. 1491 8Section 1491. 49.32 (12) of the statutes is amended to read:
SB40-CSA1,697,119 49.32 (12) Administrative hearings and appeals. Any hearing under s. 227.42
10granted by the department under this subchapter or ch. 48 may be conducted before
11the division of hearings and appeals in the department of administration.
SB40-CSA1, s. 1492 12Section 1492. 49.325 (1) (a) of the statutes is amended to read:
SB40-CSA1,697,1513 49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall
14submit its final budget for services directly provided or purchased under this
15subchapter or ch. 48 to the department by December 31 annually.
SB40-CSA1, s. 1493 16Section 1493. 49.325 (2) of the statutes is amended to read:
SB40-CSA1,697,2117 49.325 (2) Assessment of needs. Before developing and submitting a proposed
18budget for services directly provided or purchased under this subchapter or ch. 48
19to the county executive or county administrator or the county board, the county
20departments listed in sub. (1) shall assess needs and inventory resources and
21services, using an open public participation process.
SB40-CSA1, s. 1494 22Section 1494. 49.325 (2g) (a) of the statutes is amended to read:
SB40-CSA1,698,1223 49.325 (2g) (a) The department shall annually submit to the county board of
24supervisors in a county with a single-county department or the county boards of
25supervisors in counties with a multicounty department a proposed written contract

1containing the allocation of funds for services directly provided or purchased under
2this subchapter or ch. 48 and such administrative requirements as necessary. The
3contract as approved may contain conditions of participation consistent with federal
4and state law. The contract may also include provisions necessary to ensure uniform
5cost accounting of services. Any changes to the proposed contract shall be mutually
6agreed upon. The county board of supervisors in a county with a single-county
7department or the county boards of supervisors in counties with a multicounty
8department shall approve the contract before January 1 of the year in which it takes
9effect unless the department grants an extension. The county board of supervisors
10in a county with a single-county department or the county boards of supervisors in
11counties with a multicounty department may designate an agent to approve addenda
12to any contract after the contract has been approved.
SB40-CSA1, s. 1495 13Section 1495. 49.325 (2g) (c) of the statutes is amended to read:
SB40-CSA1,698,1714 49.325 (2g) (c) The joint committee on finance may require the department to
15submit contracts between county departments under ss. 46.215, 46.22 , and 46.23
16and providers of services under this subchapter or ch. 48 to the committee for review
17and approval.
SB40-CSA1, s. 1496 18Section 1496. 49.325 (2r) (a) 1. of the statutes is amended to read:
SB40-CSA1,698,2219 49.325 (2r) (a) 1. For services under this subchapter which or ch. 48 that
20duplicate or are inconsistent with services being provided or purchased by the
21department or other county departments receiving grants-in-aid or reimbursement
22from the department.
SB40-CSA1, s. 1497 23Section 1497. 49.325 (2r) (a) 2. of the statutes is amended to read:
SB40-CSA1,699,424 49.325 (2r) (a) 2. Inconsistent with state or federal statutes, rules, or
25regulations, in which case the department may also arrange for provision of services

1under this subchapter or ch. 48 by an alternate agency. The department may not
2arrange for provision of services by an alternate agency unless the joint committee
3on finance or a review body designated by the committee reviews and approves the
4department's determination.
SB40-CSA1, s. 1498 5Section 1498. 49.325 (3) (a) of the statutes is amended to read:
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