SB400: Bill Text

SB400, s. 106 Section 106. 49.141 (9) (title) of the statutes is repealed.

SB400, s. 107 Section 107. 49.141 (9) (a) to (c) of the statutes are renumbered 946.90 (4) (a) to (c), and 946.90 (4) (a), (b) and (c) 1., as renumbered, are amended to read:

SB400,54,23 946.90 (4) (a) Whoever solicits or receives any remuneration in cash or in-kind money, goods, services, or any other thing of value, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works Works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works Works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000.

SB400,55,7 (b) Whoever offers or pays any remuneration in cash or in-kind money, goods, services, or any other thing of value to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works Works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works Works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000.

SB400,55,11 (c) 1. A discount or other reduction in price obtained by a provider of services or other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under Wisconsin works Works.

SB400, s. 108 Section 108. 49.141 (10) (title) and (b) of the statutes are repealed.

SB400, s. 109 Section 109 . 49.141 (10) (a) of the statutes is renumbered 946.90 (5) and amended to read:

SB400,55,23 946.90 (5) A provider may not who knowingly impose imposes upon a recipient participant in Wisconsin Works charges that are in addition to payments received by the provider for services under Wisconsin works Works or knowingly impose imposes direct charges upon a recipient participant in Wisconsin Works in lieu of obtaining payment under Wisconsin works unless Works is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000. This subsection does not apply if benefits or services are not provided under Wisconsin works Works and the recipient Wisconsin Works participant is advised of this fact prior to receiving the service.

Note: Move criminal penalties relating to Wisconsin Works fraud to proposed s. 946.90. Chapter 946, stats., contains crimes against government and its administration. Also, see Sections 458 to 460.

SB400, s. 110 Section 110. 49.143 (2) (b) of the statutes is amended to read:

SB400,56,13 49.143 (2) (b) Establish a children's services network. The children's services network shall provide make available information about community resources available to the dependent children in a Wisconsin works Works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

Note: Modifies language relating to a Wisconsin Works agency's children's services network to require it to make available information about community resources, instead of requiring it to provide such information.

SB400, s. 111 Section 111. 49.143 (2) (d) of the statutes is amended to read:

SB400,56,21 49.143 (2) (d) If the Wisconsin works Works agency is not a county department under s. 46.215, 46.22, or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works Works, the food stamp supplemental nutrition assistance program and medical assistance Medical Assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.

SB400, s. 112 Section 112. 49.143 (2) (h) of the statutes is created to read:

SB400,57,4 49.143 (2) (h) Prohibit persons who contract with the Wisconsin Works agency from imposing on a participant charges that are in addition to payments received by the person for services under Wisconsin Works or from imposing direct charges upon a participant in lieu of obtaining payment under Wisconsin Works.

Note: Adds a contract requirement for Wisconsin Works agencies. Under current law and in this bill, this conduct is also the basis for criminal liability.

SB400, s. 113 Section 113. 49.143 (3g) (a) 1. of the statutes is amended to read:

SB400,57,8 49.143 (3g) (a) 1. The placement of participants in Wisconsin works Works employment positions into unsubsidized employment, as defined in s. 49.147 (1) (c) 49.141 (1) (o).

SB400, s. 114 Section 114. 49.145 (2) (j) of the statutes is amended to read:

SB400,57,11 49.145 (2) (j) On the last day of the month, the The individual is not participating in a strike.

Note: Modifies a non-financial eligibility criterion for Wisconsin Works.

SB400, s. 115 Section 115. 49.145 (2) (s) of the statutes is amended to read:

SB400,58,8 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person accruing during the time that any assistance, as defined in 45 CFR 260.31, under Wisconsin Works is paid to the individual. If a minor who is a beneficiary of any assistance under Wisconsin Works is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving that assistance, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of that assistance in the amount that is the proportionate share of the minor receiving the assistance, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive assistance under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, 75 Seventy-five percent of all money that is received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

Note: Deletes reference to a statute that is repealed in the bill.

SB400, s. 116 Section 116. 49.145 (3m) (title) of the statutes is created to read:

SB400,58,10 49.145 (3m) (title) Participant with drug conviction.

SB400, s. 117 Section 117. 49.1452 of the statutes is renumbered 49.813.

SB400, s. 118 Section 118. 49.1455 of the statutes is repealed.

Note: Repeals the statute creating the child support demonstration project because the project no longer exists.

SB400, s. 119 Section 119. 49.147 (1) (intro.) of the statutes is repealed.

SB400, s. 120 Section 120. 49.147 (1) (c) of the statutes is renumbered 49.141 (1) (o) and amended to read:

SB400,58,18 49.141 (1) (o) "Unsubsidized employment" means employment for which the Wisconsin works Works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.

Note: Renumbers a definition for the term "unsubsidized employment", and places it in s. 49.141, stats., which provides definitions applicable to multiple sections related to the Wisconsin Works program.

SB400, s. 121 Section 121. 49.147 (3m) of the statutes is repealed.

Note: Repeals the real work, real pay pilot project which no longer exists.

SB400, s. 122 Section 122. 49.147 (5m) (a) (intro.) of the statutes is amended to read:

SB400,59,5 49.147 (5m) (a) (intro.) To the extent permitted under 42 USC 607, and except as provided in par. (bL), a participant under sub. (4) or (5) may participate in a technical college an education program provided by a technical college established under ch. 38 as part of a community service job placement or transitional placement if all of the following requirements are met:

Note: Clarifies reference to technical college education.

SB400, s. 123 Section 123. 49.147 (6) (cm) 1. of the statutes is amended to read:

SB400,59,13 49.147 (6) (cm) 1. The department may, in the manner provided in s. 49.85 49.023, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.437 (2) (jL). Use of the process under s. 49.85 49.023 does not preclude the department from collecting delinquent repayments through other legal means.

SB400, s. 124 Section 124. 49.1473 of the statutes is renumbered 49.143 (2b), and 49.143 (2b) (a) 2., as renumbered, is amended to read:

SB400,59,18 49.143 (2b) (a) 2. Each Wisconsin works Works agency shall establish procedures, in accordance with the rules promulgated by the department under par. (a) subd. 1., for screening victims of domestic abuse.

Note: Moves domestic abuse screening and training requirements for Wisconsin Works agencies to the section on Wisconsin Works contracts.

SB400, s. 125 Section 125. 49.148 (1) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,60,9 49.148 (1) (b) 1. Except as provided in subd. 1m., for a participant in a community service job under s. 49.147 (4), a monthly grant of $653, paid by the Wisconsin Works agency. For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under s. 49.147 (4) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph shall equal the amount specified under subd. 1m. minus $5 for each hour that the participant misses work or education or training activities without good cause.

SB400, s. 126 Section 126. 49.148 (1m) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,60,16 49.148 (1m) (a) 1. A custodial parent of a child 8 weeks old or less who meets the eligibility requirements under s. 49.145 (2) and (3), unless another adult member of the custodial parent's Wisconsin Works group is participating in, or is eligible to participate in, a Wisconsin Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c).

SB400, s. 127 Section 127. 49.148 (4) (title) of the statutes is repealed.

SB400, s. 128 Section 128. 49.148 (4) (a) to (c) of the statutes, as affected by 2011 Wisconsin Act 32, are renumbered 49.145 (3m) (a) to (c).

Note: Moves requirements for drug test under Wisconsin Works to the section regarding participant eligibility criteria.

SB400, s. 129 Section 129. 49.149 (intro.), (1) and (3) of the statutes are consolidated, renumbered 49.143 (2z) and amended to read:

SB400,61,4 49.143 (2z) Wisconsin works; education Education and training. A Wisconsin works Works agency shall do all of the following: (1) Establish establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule. (3) Encourage, and encourage employers to make training sites available on the business site for participants.

Note: Moves education and training requirements for Wisconsin Works agencies to the section on Wisconsin Works contracts.

SB400, s. 130 Section 130. 49.15 (3) (a) of the statutes is amended to read:

SB400,61,6 49.15 (3) (a) Unsubsidized employment, as defined in s. 49.147 (1) (c).

SB400, s. 131 Section 131. 49.151 (2) of the statutes is renumbered 49.151 (2) (a) (intro.) and amended to read:

SB400,61,18 49.151 (2) (a) (intro.) If a court finds or it is determined after an administrative hearing Wisconsin Works agency determines that an individual who is a member of a Wisconsin works group applying for or receiving benefits under s. 49.138 or ss. 49.141 to 49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, committed an intentional program violation related to any provision in s. 49.138 or ss. 49.141 to 49.161 or any rule promulgated under those sections, the Wisconsin works Works agency or the department may permanently deny benefits under s. 49.138 or ss. 49.141 to 49.161 to the individual. as follows:

SB400, s. 132 Section 132. 49.151 (2) (a) 1., 2. and 3. and (b) of the statutes are created to read:

SB400,61,21 49.151 (2) (a) 1. For a first intentional program violation, for 6 months.

SB400,61,22 2. For a 2nd intentional program violation, for one year.

SB400,61,23 3. For a 3rd intentional program violation, permanently.

SB400,62,5 (b) An individual who is denied benefits under par. (a) may request a review of the determination following the procedure under s. 49.152 or, if the denial is based upon a violation of s. 49.155, may request a contested case hearing under ch. 227 by filing a request for a hearing with the department within 30 days after the date of the denial.

Note: Clarifies that a Wisconsin Works agency determines whether a person has intentionally violated a provision of the Wisconsin Works program. The bill also applies this provision to the emergency assistance program.

Under the bill, as under current law, a person who commits 3 intentional program violations may be permanently denied benefits. Additionally, under the bill, a person may be denied benefits for 6 months for one intentional program violation and one year for a second intentional program violation.

Under the bill, each determination of a violation may be reviewed.

SB400, s. 133 Section 133. 49.152 (title) of the statutes is amended to read:

SB400,62,7 49.152 (title) Review of Wisconsin Works agency decisions.

SB400, s. 134 Section 134. 49.152 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,62,20 49.152 (1) Petition for review. Any Except as provided in 49.1525, any individual whose application for any component of Wisconsin Works is not acted upon by the Wisconsin Works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, that the employment position in which the individual was placed is inappropriate, or that providing case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position is inappropriate, may petition the Wisconsin Works agency for a review of such action. Review is unavailable if the action by the Wisconsin Works agency occurred more than 45 days prior to submission of the petition for review.

SB400, s. 135 Section 135. 49.1525 of the statutes is created to read:

SB400,63,10 49.1525 Review of Wisconsin Shares decisions. (1) Petition for review. Any individual whose application for a child care subsidy under s. 49.155 is not acted upon with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, or any child care provider who is refused payment under s. 49.155 (7) or assessed a penalty under s. 49.155 (7m), may petition the department for a review of such action. Review is unavailable if the action occurred more than 45 days prior to submission of the petition for review.

SB400,63,17 (2) Review. (a) Upon a timely petition under sub. (1), the department shall give the applicant, participant, or child care provider reasonable notice and opportunity for a review. The department shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant, participant or child care provider. The department shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

SB400,63,18 1. Withdraws the petition in writing.

SB400,63,21 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

SB400,63,23 (b) The petitioner may request a review of the department's decision under ch. 227 within 21 days of the date on which the decision of the department is mailed.

SB400,64,4 (3) Remedies. If, following review under sub. (2), the department determines that a participant's child care subsidy benefit was improperly modified, canceled, or refused, or was calculated incorrectly, the department shall restore the benefit to the level determined to be appropriate by the department retroactive to the date on which the benefit was first improperly modified, canceled, refused, or incorrectly calculated.

Note: Creates a new section governing the review of department decisions related to the Wisconsin Shares program.

SB400, s. 136 Section 136. 49.153 of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.1517.

Note: Moves provisions relating to notice before taking certain actions by a Wisconsin Works agency so that it precedes the section relating to review of agency decisions.

SB400, s. 137 Section 137. 49.155 (1) (ag) and (d) of the statutes are repealed.

Note: Repeals definitions for the terms "child care provider" and "tribal governing body". The term "child care provider" is defined at the beginning of the chapter, in s. 49.001 (1). The term "tribal governing body" is created in Section of the bill.

SB400, s. 138 Section 138. 49.155 (1) (ah) of the statutes is amended to read:

SB400,64,11 49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23, the unit, as defined in s. 49.825 49.009 (1) (e), or a Wisconsin Works agency, child care resource and referral agency, or other agency.

SB400, s. 139 Section 139. 49.155 (1g) (bc), (d) and (e) of the statutes are amended to read:

SB400,64,14 49.155 (1g) (bc) Grants under s. 49.134 49.204 (2) for child care resource and referral services, in the amount of at least $1,298,600 per fiscal year.

SB400,64,15 (d) Grants under s. 49.137 49.207 (4m).

SB400,64,16 (e) Contracts under s. 49.137 49.207 (4) for training and technical assistance.

SB400, s. 140 Section 140. 49.155 (1m) (intro.), (a) 1., 1m. (intro.) and 3m. of the statutes are amended to read: