Note: Repeals subsection to reflect change in federal law requiring distribution of
benefits by electronic benefit transfer.
SB400, s. 292
3Section
292. 49.81 of the statutes is renumbered 49.005.
SB400, s. 293
4Section
293. Subchapter VI (title) of chapter 49 [precedes 49.8105] of the
5statutes is repealed and recreated to read:
SB400,121,77
Subchapter VI
SB400,121,98
children and families; child
9
support
SB400, s. 294
10Section
294. 49.8105 of the statutes is created to read:
SB400,121,11
1149.8105 Definitions. In this subchapter:
SB400,121,12
12(1) "Department" means the department of children and families.
SB400,121,13
13(2) "Secretary" means the secretary of children and families.
SB400, s. 295
14Section
295. 49.82 of the statutes is renumbered 49.007.
SB400, s. 296
15Section
296. 49.825 (title), (1), (2) (title) and (a) to (c), (3) (title), (b) and (c) and
16(4) (a) to (d) of the statutes are renumbered 49.009 (title), (1), (2) (title) and (a) to (c),
17(3) (title), (b) and (c) and (4) (a) to (d), and 49.009 (1) (c), as renumbered, is amended
18to read:
SB400,121,2019
49.009
(1) (c) "Income maintenance program" has the meaning given in s.
49.78 2049.003 (1) (b).
SB400, s. 297
21Section
297. 49.825 (2) (d), (3) (a) and (4) (intro.) of the statutes, as affected
22by
2011 Wisconsin Act 32, are renumbered 49.009 (2) (d), (3) (a) and (4) (intro.).
SB400, s. 300
5Section
300. 49.83 of the statutes is renumbered 49.013 and amended to read:
SB400,122,17
649.013 Limitation on giving information. Except as provided under ss.
749.25 and 49.32 49.06 (9), (10), and (10m)
and 49.823, no person may use or disclose
8information concerning applicants and recipients of relief funded by a relief block
9grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to
1049.161, social services, child and spousal support and establishment of paternity and
11medical support liability services under s.
49.22
49.811, or supplemental payments
12under s. 49.77 for any purpose not connected with the administration of the
13programs, except that the department of children and families may disclose such
14information to the department of revenue for the sole purpose of administering state
15taxes. Any person violating this section may be fined not less than $25 nor more than
16$500 or imprisoned in the county jail not less than 10 days nor more than one year
17or both.
SB400, s. 301
18Section
301. 49.84 (1), (2), (3), (4), (5) and (6) (b) to (d) of the statutes are
19renumbered 49.017 (1g), (2), (3), (4), (5) and (6) (b) to (d), and 49.017 (2), (3), (5) and
20(6) (c) 1. d., as renumbered, are amended to read:
SB400,123,221
49.017
(2) At the time of application, the agency administering the public
22assistance program shall apply to the department
of health services for a certified
23copy of a birth certificate for the applicant if the applicant is required to provide a
24birth certificate or social security number as part of the application and for any
25person in the applicant's household who is required to provide a birth certificate or
1social security number. The department
of health services shall provide without
2charge any copy for which application is made under this subsection.
SB400,123,6
3(3) Notwithstanding subs.
(1) (1g) and (2), personal identification
4documentation requirements may be waived for 10 days for an applicant for relief
5funded by a relief block grant, if the applicant agrees to cooperate with the relief
6agency by providing information necessary to obtain proper identification.
SB400,123,13
7(5) A person applying for Wisconsin
works Works under ss. 49.141 to 49.161,
8aid to families with dependent children under s. 49.19,
medical assistance Medical
9Assistance under subch. IV
, or
food stamp supplemental nutrition assistance 10program benefits under
7 USC 2011 to
2029 2036 shall, as a condition of eligibility,
11provide a declaration and other verification of citizenship or satisfactory
12immigration status as required by the department
that administers the program the
13person is applying for, by rule
, or as required in
42 USC 1320b-7 (d).
SB400,123,16
14(6) (c) 1. d. A child who is receiving medical assistance under s. 49.46
(1) (1g) 15(a) 13., 49.47 (4) (am) 3., or 49.471 (4) (a) 2. or (b) 2. or an unborn child receiving
16prenatal care under s. 49.471.
SB400, s. 302
17Section
302. 49.84 (6) (a) of the statutes is repealed.
SB400, s. 303
18Section
303. 49.845 of the statutes is renumbered 49.019, and 49.019 (1) and
19(2), as renumbered, are amended to read:
SB400,124,1320
49.019
(1) Fraud investigation. From the appropriations under s. 20.435 (4)
21(bn), (kz), (L), and (nn), the department of health services shall establish a program
22to investigate suspected fraudulent activity on the part of recipients of medical
23assistance under subch. IV,
food stamp benefits under the
food stamp supplemental
24nutrition assistance program under
7 USC 2011 to
2036, supplemental security
25income payments under s. 49.77, payments for the support of children of
1supplemental security income recipients under s. 49.775, and health care benefits
2under the Badger Care health care program under s. 49.665 and, if the department
3of children and families contracts with the department of health services under sub.
4(4), on the part of recipients of aid to families with dependent children under s. 49.19
5and participants in the Wisconsin Works program under ss. 49.141 to 49.161. The
6activities of the department of health services under this subsection may include
7comparisons of information provided to the department by an applicant and
8information provided by the applicant to other federal, state, and local agencies,
9development of an advisory welfare investigation prosecution standard, and
10provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to
11Wisconsin Works agencies to encourage activities to detect fraud. The department
12of health services shall cooperate with district attorneys regarding fraud
13prosecutions.
SB400,124,22
14(2) State error reduction activities. The department of health services shall
15conduct activities to reduce payment errors in the Medical Assistance program under
16subch. IV, the
food stamp supplemental nutrition assistance program under
7 USC
172011 to
2036, the supplemental security income payments program under s. 49.77,
18the program providing payments for the support of children of supplemental security
19income recipients under s. 49.775, and the Badger Care health care program under
20s. 49.665 and, if the department of children and families contracts with the
21department of health services under sub. (4), in Wisconsin Works under ss. 49.141
22to 49.161.
SB400, s. 304
23Section
304. 49.847 (title) and (3) of the statutes are renumbered 49.021 (title)
24and (3).
SB400,125,73
49.021
(1) Subject to ss. 49.497 (1) and 49.793 (1), the department of health
4services, or a county, multicounty consortium, as defined in s.
49.78 49.003 (1) (br),
5or
elected tribal governing body
of a federally recognized American Indian tribe or
6band acting on behalf of the department, may recover benefits incorrectly paid under
7any of the programs administered by the department under this chapter.
SB400,125,13
8(2) The department, county, multicounty consortium, as defined in s.
49.78 949.003 (1) (br), or
elected tribal governing body may recover an overpayment from
10a family or individual who continues to receive benefits under any program
11administered by the department under this chapter by reducing the family's or
12individual's benefit amount. Subject to s. 49.793 (1), the department may by rule
13specify other methods for recovering incorrectly paid benefits.
SB400, s. 306
14Section
306. 49.85 of the statutes is renumbered 49.023, and 49.023 (1), (2)
15(a) (intro.) and (3) (a) 1., as renumbered, are amended to read:
SB400,126,216
49.023
(1) Department notification requirement. If a county department
17under s. 46.215, 46.22, or 46.23 or a
tribal governing body
of a federally recognized
18American Indian tribe or band determines that the department of health services
19may recover an amount under s.
49.021, 49.497,
or 49.793,
or 49.847, or that the
20department of children and families may recover an amount under s. 49.161 or
2149.195 (3) or collect an amount under s. 49.147 (6) (cm), the county department or
22tribal governing body shall notify the affected department of the determination. If
23a Wisconsin Works agency determines that the department of children and families
24may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s.
149.147 (6) (cm), the Wisconsin Works agency shall notify the department of children
2and families of the determination.
SB400,126,9
3(2) (a) (intro.) At least annually, the department of health services shall certify
4to the department of revenue the amounts that, based on the notifications received
5under sub. (1) and on other information received by the department of health
6services, the department of health services has determined that it may recover under
7s.
49.021, 49.45 (2) (a) 10., 49.497,
or 49.793,
or 49.847, except that the department
8of health services may not certify an amount under this subsection unless all of the
9following apply:
SB400,126,13
10(3) (a) 1. Inform the person that the department of health services intends to
11certify to the department of revenue an amount that the department of health
12services has determined to be due under s.
49.021, 49.45 (2) (a) 10., 49.497,
or 49.793,
13or 49.847, for setoff from any state tax refund that may be due the person.
SB400, s. 307
14Section
307. 49.852 (1c) of the statutes is repealed.
SB400, s. 308
15Section
308. 49.853 (1) (b) of the statutes is repealed.
SB400, s. 309
16Section
309. 49.853 (4) (d) of the statutes is amended to read:
SB400,126,2417
49.853
(4) (d) A financial institution participating in the state matching option
18under this subsection, and the employees, agents, officers
, and directors of the
19financial institution, may use any information that is provided by the department
20in requesting additional information under par. (b) only for the purpose of
21administering s.
49.22 49.811 or for the purpose of providing the additional
22information. Any person who violates this paragraph may be fined not less than $25
23nor more than $500 or imprisoned in the county jail for not less than 10 days nor more
24than one year or both.
SB400, s. 310
25Section
310. 49.854 (1) (a) of the statutes is repealed.
SB400, s. 311
1Section
311. 49.855 (6) of the statutes is amended to read:
SB400,127,52
49.855
(6) If the state implements the child and spousal support and
3establishment of paternity and medical support liability program under ss.
49.22 449.811 and 59.53 (5), the state may act under this section in place of the county child
5support agency under s. 59.53 (5).
SB400, s. 312
6Section
312. 49.856 (1) (b) of the statutes is repealed.
SB400, s. 313
7Section
313. 49.857 (1) (cf) of the statutes is repealed.
SB400,127,1610
49.857
(4) Each licensing agency shall enter into a memorandum of
11understanding with the department of children and families under sub. (2) (b) and
12shall cooperate with the department of children and families in its administration
13of s.
49.22 49.811. The department of safety and professional services shall enter into
14a memorandum of understanding with the department of children and families on
15behalf of a credentialing board with respect to a credential granted by the
16credentialing board.
SB400, s. 315
17Section
315. 49.858 (1) (intro.) and (b) of the statutes are consolidated,
18renumbered 49.858 (1) and amended to read:
SB400,127,2019
49.858
(1) Definition. In this section
: (b) "Support, "support" has the meaning
20given in s. 49.857 (1) (g).
SB400, s. 316
21Section
316. 49.858 (1) (a) of the statutes is repealed.
SB400, s. 317
22Section
317. 49.86 of the statutes is renumbered 49.035.
SB400, s. 318
23Section
318. 49.89 of the statutes is renumbered 49.037.
SB400, s. 319
24Section
319. 49.90 of the statutes is renumbered 49.039.
SB400, s. 321
1Section
321. 49.96 of the statutes is renumbered 49.043 and amended to read:
SB400,128,7
249.043 Assistance grants exempt from levy. All grants of aid to families
3with dependent children, payments made under ss. 48.57 (3m) or (3n),
49.143 (2z), 449.148 (1) (b) 1. or (c) or (1m)
, or
49.149 49.15 to 49.159, payments made for social
5services, cash benefits paid by counties under s. 59.53 (21), and benefits under s.
649.77
, 49.775, or federal Title XVI, are exempt from every tax, and from execution,
7garnishment, attachment and every other process and shall be inalienable.
Note: Amends the list of payments that are exempt from levy to reflect that
payments under s. 49.149 are moved to s. 49.143 (2z) in the bill. Also, exempts payments
made to custodial parents of supplemental security income payments from taxation,
execution, garnishment, attachment, and other processes.
SB400, s. 322
8Section
322. 50.01 (1g) (b) of the statutes is amended to read:
SB400,128,119
50.01
(1g) (b) A facility or private home that provides care, treatment, and
10services only for victims of domestic abuse, as defined in s.
49.165 49.217 (1) (a), and
11their children.
SB400, s. 323
12Section
323. 51.42 (3) (e) of the statutes is amended to read:
SB400,129,413
51.42
(3) (e)
Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
14(2) (a),
49.013, 49.45 (4),
49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7),
15253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community
16programs or tribal agency acting under this section may exchange confidential
17information about a client, without the informed consent of the client, with any other
18subunit of the same county department of community programs or tribal agency,
19with a resource center, a care management organization, or a long-term care district,
20or with any person providing services to the client under a purchase of services
21contract with the county department of community programs or tribal agency or with
22a resource center, care management organization, or long-term care district, if
23necessary to enable an employee or service provider to perform his or her duties, or
1to enable the county department of community programs or tribal agency to
2coordinate the delivery of services to the client. Any agency releasing information
3under this paragraph shall document that a request was received and what
4information was provided.
SB400, s. 324
5Section
324. 51.437 (4r) (b) of the statutes is amended to read:
SB400,129,206
51.437
(4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a),
49.013, 49.45 (4),
749.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2)
8(a), any subunit of a county department of developmental disabilities services or
9tribal agency acting under this section may exchange confidential information about
10a client, without the informed consent of the client, with any other subunit of the
11same county department of developmental disabilities services or tribal agency, with
12a resource center, a care management organization, or a long-term care district, or
13with any person providing services to the client under a purchase of services contract
14with the county department of developmental disabilities services or tribal agency
15or with a resource center, a care management organization, or a long-term care
16district, if necessary to enable an employee or service provider to perform his or her
17duties, or to enable the county department of developmental disabilities services or
18tribal agency to coordinate the delivery of services to the client. Any agency releasing
19information under this paragraph shall document that a request was received and
20what information was provided.
SB400, s. 325
21Section
325. 59.22 (2) (c) 2. of the statutes is amended to read:
SB400,130,222
59.22
(2) (c) 2. No action of the board may be contrary to or in derogation of the
23rules of the department of children and families under s.
49.78 49.003 (4) to (7)
24relating to employees administering old-age assistance, aid to families with
1dependent children, aid to the blind, or aid to totally and permanently disabled
2persons or ss. 63.01 to 63.17.
SB400, s. 326
3Section
326. 59.40 (2) (p) of the statutes is amended to read:
SB400,130,84
59.40
(2) (p) Cooperate with the department of children and families with
5respect to the child and spousal support and establishment of paternity and medical
6support liability program under ss.
49.22 49.811 and 59.53 (5), and provide that
7department with any information from court records which it requires to administer
8that program.
SB400, s. 327
9Section
327. 59.53 (5) (a) and (6) (b) of the statutes are amended to read:
SB400,130,2410
59.53
(5) (a) The board shall contract with the department of children and
11families to implement and administer the child and spousal support and
12establishment of paternity and the medical support liability programs provided for
13by Title IV of the federal
social security act Social Security Act. The board may
14designate by board resolution any office, officer, board, department
, or agency, except
15the clerk of circuit court, as the county child support agency. The board or county
16child support agency shall implement and administer the programs in accordance
17with the contract with the department of children and families. The attorneys
18responsible for support enforcement under sub. (6) (a), circuit court commissioners
, 19and all other county officials shall cooperate with the county and the department of
20children and families as necessary to provide the services required under the
21programs. The county shall charge the fee established by the department of children
22and families under s.
49.22 49.811 for services provided under this paragraph to
23persons not receiving benefits under s. 49.148 or 49.155 or assistance under s.
2448.645, 49.19, 49.46, 49.465, 49.47, 49.471, or 49.472.
SB400,131,4
1(6) (b) Attorneys responsible for support enforcement under par. (a) shall
2institute, commence, appear in
, or perform other prescribed duties in actions or
3proceedings under sub. (5) and ss.
49.22 49.811 (7), 767.205 (2), 767.501 and 767.80
4and ch. 769.
SB400, s. 328
5Section
328. 59.54 (23) of the statutes is amended to read:
SB400,131,96
59.54
(23) Public assistance; false representation. The board may enact and
7enforce an ordinance to prohibit conduct that is the same as or similar to conduct that
8is prohibited by s.
49.95 (1) 946.93 (2) and provide a forfeiture for a violation of the
9ordinance.
SB400, s. 329
10Section
329. 63.03 (2) (r) of the statutes is amended to read:
SB400,131,1311
63.03
(2) (r) All staff performing services for the Milwaukee County enrollment
12services unit under s.
49.825 49.009 or for the child care provider services unit under
13s.
49.826 49.011.
SB400, s. 330
14Section
330. 69.03 (14) of the statutes is amended to read:
SB400,131,2115
69.03
(14) Provide hospitals with a pamphlet containing information for
16parents about birth certificates including how to add the name of the father of a child
17whose parents were not married at any time from the conception to the birth of the
18child to the birth certificate under s. 69.15 (3) (b) or, if the father will not sign an
19affidavit, through a paternity action; the legal significance and future medical
20advantages to the child of having the father's name inserted on the birth certificate;
21and the availability of services under s.
49.22 49.811.
SB400, s. 331
22Section
331. 69.15 (3) (b) 3. of the statutes is amended to read:
SB400,132,823
69.15
(3) (b) 3. Except as provided under par. (c), if the state registrar receives
24a statement acknowledging paternity on a form prescribed by the state registrar and
25signed by both parents, and by a parent or legal guardian of any parent who is under
1the age of 18 years, along with the fee under s. 69.22, the state registrar shall insert
2the name of the father under subd. 1. The state registrar shall mark the certificate
3to show that the form is on file. The form shall be available to the department of
4children and families or a county child support agency under s. 59.53 (5) pursuant
5to the program responsibilities under s.
49.22 49.811 or to any other person with a
6direct and tangible interest in the record. The state registrar shall include on the
7form for the acknowledgment the information in s. 767.805 and the items in s.
8767.813 (5g).
SB400, s. 332
9Section
332. 69.20 (3) (f) of the statutes is amended to read:
SB400,132,1210
69.20
(3) (f) The state or a local registrar may disclose a social security number
11on a vital record to the department of children and families or a county child support
12agency under s. 59.53 (5) in response to a request under s.
49.22 49.811 (2m).
SB400, s. 333
13Section
333. 71.07 (2dx) (a) 5. of the statutes is amended to read:
SB400,133,214
71.07
(2dx) (a) 5. "Member of a targeted group" means a person who resides
15in an area designated by the federal government as an economic revitalization area,
16a person who is employed in an unsubsidized job but meets the eligibility
17requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position,
18a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work,
19real pay project position under s. 49.147 (3m),
2009 stats., a person who is eligible
20for child care assistance under s. 49.155, a person who is a vocational rehabilitation
21referral, an economically disadvantaged youth, an economically disadvantaged
22veteran, a supplemental security income recipient, a general assistance recipient, an
23economically disadvantaged ex-convict, a qualified summer youth employee, as
24defined in
26 USC 51 (d) (7), a dislocated worker, as defined in
29 USC 2801 (9), or
25a
food stamp recipient
of benefits under the supplemental nutrition assistance
1program under 7 USC 2011 to 2036, if the person has been certified in the manner
2under sub. (2dj) (am) 3. by a designated local agency, as defined in sub. (2dj) (am) 2.
SB400,133,105
71.07
(2dx) (b) 2. The amount determined by multiplying the amount
6determined under s. 238.385 (1) (b) or s. 560.785 (1) (b), 2009 stats., by the number
7of full-time jobs created in a development zone and filled by a member of a targeted
8group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the
9subsidies and reimbursements paid under s. 49.147 (3m) (c)
, 2009 stats., for those
10jobs.
SB400,133,1813
71.07
(2dx) (b) 3. The amount determined by multiplying the amount
14determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number
15of full-time jobs created in a development zone and not filled by a member of a
16targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or
17the subsidies and reimbursements paid under s. 49.147 (3m) (c)
, 2009 stats., for those
18jobs.
SB400,134,321
71.07
(2dx) (b) 4. The amount determined by multiplying the amount
22determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm), 2009 stats., by the
23number of full-time jobs retained, as provided in the rules under s. 238.385 or s.
24560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub.
25(2dj), in an enterprise development zone under s. 238.397 or s. 560.797, 2009 stats.,
1and for which significant capital investment was made and by then subtracting the
2subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid
3under s. 49.147 (3m) (c)
, 2009 stats., for those jobs.
SB400,134,126
71.07
(2dx) (b) 5. The amount determined by multiplying the amount
7determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number
8of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785,
92009 stats., excluding jobs for which a credit has been claimed under sub. (2dj), in
10a development zone and not filled by a member of a targeted group and by then
11subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and
12reimbursements paid under s. 49.147 (3m) (c)
, 2009 stats., for those jobs.