SB400: Bill Text

SB400, s. 305 Section 305. 49.847 (1) and (2) of the statutes, as affected by 2011 Wisconsin Act 32, are renumbered 49.021 (1) and (2) and amended to read:

SB400,125,7 49.021 (1) Subject to ss. 49.497 (1) and 49.793 (1), the department of health services, or a county, multicounty consortium, as defined in s. 49.78 49.003 (1) (br), or elected tribal governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover benefits incorrectly paid under any of the programs administered by the department under this chapter.

SB400,125,13 (2) The department, county, multicounty consortium, as defined in s. 49.78 49.003 (1) (br), or elected tribal governing body may recover an overpayment from a family or individual who continues to receive benefits under any program administered by the department under this chapter by reducing the family's or individual's benefit amount. Subject to s. 49.793 (1), the department may by rule specify other methods for recovering incorrectly paid benefits.

SB400, s. 306 Section 306. 49.85 of the statutes is renumbered 49.023, and 49.023 (1), (2) (a) (intro.) and (3) (a) 1., as renumbered, are amended to read:

SB400,126,2 49.023 (1) Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 or a tribal governing body of a federally recognized American Indian tribe or band determines that the department of health services may recover an amount under s. 49.021, 49.497, or 49.793, or 49.847, or that the department of children and families may recover an amount under s. 49.161 or 49.195 (3) or collect an amount under s. 49.147 (6) (cm), the county department or tribal governing body shall notify the affected department of the determination. If a Wisconsin Works agency determines that the department of children and families may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin Works agency shall notify the department of children and families of the determination.

SB400,126,9 (2) (a) (intro.) At least annually, the department of health services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health services, the department of health services has determined that it may recover under s. 49.021, 49.45 (2) (a) 10., 49.497, or 49.793, or 49.847, except that the department of health services may not certify an amount under this subsection unless all of the following apply:

SB400,126,13 (3) (a) 1. Inform the person that the department of health services intends to certify to the department of revenue an amount that the department of health services has determined to be due under s. 49.021, 49.45 (2) (a) 10., 49.497, or 49.793, or 49.847, for setoff from any state tax refund that may be due the person.

SB400, s. 307 Section 307. 49.852 (1c) of the statutes is repealed.

SB400, s. 308 Section 308. 49.853 (1) (b) of the statutes is repealed.

SB400, s. 309 Section 309. 49.853 (4) (d) of the statutes is amended to read:

SB400,126,24 49.853 (4) (d) A financial institution participating in the state matching option under this subsection, and the employees, agents, officers, and directors of the financial institution, may use any information that is provided by the department in requesting additional information under par. (b) only for the purpose of administering s. 49.22 49.811 or for the purpose of providing the additional information. Any person who violates this paragraph may be fined not less than $25 nor more than $500 or imprisoned in the county jail for not less than 10 days nor more than one year or both.

SB400, s. 310 Section 310. 49.854 (1) (a) of the statutes is repealed.

SB400, s. 311 Section 311. 49.855 (6) of the statutes is amended to read:

SB400,127,5 49.855 (6) If the state implements the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 49.811 and 59.53 (5), the state may act under this section in place of the county child support agency under s. 59.53 (5).

SB400, s. 312 Section 312. 49.856 (1) (b) of the statutes is repealed.

SB400, s. 313 Section 313. 49.857 (1) (cf) of the statutes is repealed.

SB400, s. 314 Section 314. 49.857 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,127,16 49.857 (4) Each licensing agency shall enter into a memorandum of understanding with the department of children and families under sub. (2) (b) and shall cooperate with the department of children and families in its administration of s. 49.22 49.811. The department of safety and professional services shall enter into a memorandum of understanding with the department of children and families on behalf of a credentialing board with respect to a credential granted by the credentialing board.

SB400, s. 315 Section 315. 49.858 (1) (intro.) and (b) of the statutes are consolidated, renumbered 49.858 (1) and amended to read:

SB400,127,20 49.858 (1) Definition. In this section : (b) "Support, "support" has the meaning given in s. 49.857 (1) (g).

SB400, s. 316 Section 316. 49.858 (1) (a) of the statutes is repealed.

SB400, s. 317 Section 317. 49.86 of the statutes is renumbered 49.035.

SB400, s. 318 Section 318. 49.89 of the statutes is renumbered 49.037.

SB400, s. 319 Section 319. 49.90 of the statutes is renumbered 49.039.

SB400, s. 320 Section 320. 49.95 of the statutes is repealed.

SB400, s. 321 Section 321. 49.96 of the statutes is renumbered 49.043 and amended to read:

SB400,128,7 49.043 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n), 49.143 (2z), 49.148 (1) (b) 1. or (c) or (1m), or 49.149 49.15 to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77, 49.775, or federal Title XVI, are exempt from every tax, and from execution, garnishment, 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 Section 322. 50.01 (1g) (b) of the statutes is amended to read:

SB400,128,11 50.01 (1g) (b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 49.165 49.217 (1) (a), and their children.

SB400, s. 323 Section 323. 51.42 (3) (e) of the statutes is amended to read:

SB400,129,4 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.013, 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center, a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center, care management organization, or long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB400, s. 324 Section 324. 51.437 (4r) (b) of the statutes is amended to read:

SB400,129,20 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.013, 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB400, s. 325 Section 325. 59.22 (2) (c) 2. of the statutes is amended to read:

SB400,130,2 59.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the rules of the department of children and families under s. 49.78 49.003 (4) to (7) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind, or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

SB400, s. 326 Section 326. 59.40 (2) (p) of the statutes is amended to read:

SB400,130,8 59.40 (2) (p) Cooperate with the department of children and families with respect to the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 49.811 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

SB400, s. 327 Section 327. 59.53 (5) (a) and (6) (b) of the statutes are amended to read:

SB400,130,24 59.53 (5) (a) The board shall contract with the department of children and families to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act Social Security Act. The board may designate by board resolution any office, officer, board, department , or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of children and families. The attorneys responsible for support enforcement under sub. (6) (a), circuit court commissioners, and all other county officials shall cooperate with the county and the department of children and families as necessary to provide the services required under the programs. The county shall charge the fee established by the department of children and families under s. 49.22 49.811 for services provided under this paragraph to persons not receiving benefits under s. 49.148 or 49.155 or assistance under s. 48.645, 49.19, 49.46, 49.465, 49.47, 49.471, or 49.472.

SB400,131,4 (6) (b) Attorneys responsible for support enforcement under par. (a) shall institute, commence, appear in, or perform other prescribed duties in actions or proceedings under sub. (5) and ss. 49.22 49.811 (7), 767.205 (2), 767.501 and 767.80 and ch. 769.

SB400, s. 328 Section 328. 59.54 (23) of the statutes is amended to read:

SB400,131,9 59.54 (23) Public assistance; false representation. The board may enact and enforce an ordinance to prohibit conduct that is the same as or similar to conduct that is prohibited by s. 49.95 (1) 946.93 (2) and provide a forfeiture for a violation of the ordinance.

SB400, s. 329 Section 329. 63.03 (2) (r) of the statutes is amended to read:

SB400,131,13 63.03 (2) (r) All staff performing services for the Milwaukee County enrollment services unit under s. 49.825 49.009 or for the child care provider services unit under s. 49.826 49.011.

SB400, s. 330 Section 330. 69.03 (14) of the statutes is amended to read:

SB400,131,21 69.03 (14) Provide hospitals with a pamphlet containing information for parents about birth certificates including how to add the name of the father of a child whose parents were not married at any time from the conception to the birth of the child to the birth certificate under s. 69.15 (3) (b) or, if the father will not sign an affidavit, through a paternity action; the legal significance and future medical advantages to the child of having the father's name inserted on the birth certificate; and the availability of services under s. 49.22 49.811.

SB400, s. 331 Section 331. 69.15 (3) (b) 3. of the statutes is amended to read:

SB400,132,8 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, and by a parent or legal guardian of any parent who is under the age of 18 years, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 49.811 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

SB400, s. 332 Section 332. 69.20 (3) (f) of the statutes is amended to read:

SB400,132,12 69.20 (3) (f) The state or a local registrar may disclose a social security number on a vital record to the department of children and families or a county child support agency under s. 59.53 (5) in response to a request under s. 49.22 49.811 (2m).

SB400, s. 333 Section 333. 71.07 (2dx) (a) 5. of the statutes is amended to read:

SB400,133,2 71.07 (2dx) (a) 5. "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m), 2009 stats., a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in 26 USC 51 (d) (7), a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, if the person has been certified in the manner under sub. (2dj) (am) 3. by a designated local agency, as defined in sub. (2dj) (am) 2.

SB400, s. 334 Section 334. 71.07 (2dx) (b) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,133,10 71.07 (2dx) (b) 2. The amount determined by multiplying the amount determined under s. 238.385 (1) (b) or s. 560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 335 Section 335. 71.07 (2dx) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,133,18 71.07 (2dx) (b) 3. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 336 Section 336. 71.07 (2dx) (b) 4. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,134,3 71.07 (2dx) (b) 4. The amount determined by multiplying the amount determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (2dj), in an enterprise development zone under s. 238.397 or s. 560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 337 Section 337. 71.07 (2dx) (b) 5. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,134,12 71.07 (2dx) (b) 5. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (2dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 338 Section 338. 71.28 (1dx) (a) 5. of the statutes is amended to read:

SB400,135,2 71.28 (1dx) (a) 5. "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m), 2009 stats., a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in 26 USC 51 (d) (7), a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, if the person has been certified in the manner under sub. (1dj) (am) 3. by a designated local agency, as defined in sub. (1dj) (am) 2.

SB400, s. 339 Section 339. 71.28 (1dx) (b) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,135,10 71.28 (1dx) (b) 2. The amount determined by multiplying the amount determined under s. 238.385 (1) (b) or s. 560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 340 Section 340. 71.28 (1dx) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,135,18 71.28 (1dx) (b) 3. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 341 Section 341. 71.28 (1dx) (b) 4. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,136,3 71.28 (1dx) (b) 4. The amount determined by multiplying the amount determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in an enterprise development zone under s. 238.397 or s. 560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 342 Section 342. 71.28 (1dx) (b) 5. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,136,12 71.28 (1dx) (b) 5. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 343 Section 343. 71.47 (1dx) (a) 5. of the statutes is amended to read:

SB400,137,2 71.47 (1dx) (a) 5. "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m), 2009 stats., a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in 26 USC 51 (d) (7), a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, if the person has been certified in the manner under sub. (1dj) (am) 3. by a designated local agency, as defined in sub. (1dj) (am) 2.

SB400, s. 344 Section 344. 71.47 (1dx) (b) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,137,10 71.47 (1dx) (b) 2. The amount determined by multiplying the amount determined under s. 238.385 (1) (b) or s. 560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 345 Section 345. 71.47 (1dx) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,137,18 71.47 (1dx) (b) 3. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 346 Section 346. 71.47 (1dx) (b) 4. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,138,3 71.47 (1dx) (b) 4. The amount determined by multiplying the amount determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in an enterprise development zone under s. 238.397 or s. 560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 347 Section 347. 71.47 (1dx) (b) 5. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,138,12 71.47 (1dx) (b) 5. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c), 2009 stats., for those jobs.

SB400, s. 348 Section 348. 71.78 (4) (g) of the statutes is amended to read:

SB400,138,18 71.78 (4) (g) Employees of this state, to the extent that the department of revenue deems the examination necessary for the employees to perform their duties under contracts or agreements between the department and any other department, division, bureau, board or commission of this state relating to the administration of tax laws or child and spousal support enforcement under s. 49.22 49.811.

SB400, s. 349 Section 349. 71.93 (1) (a) 3. and 4. of the statutes are amended to read:

SB400,138,22 71.93 (1) (a) 3. An amount that the department of health services may recover under s. 49.021, 49.45 (2) (a) 10., 49.497, or 49.793, or 49.847, if the department of health services has certified the amount under s. 49.85 49.023.

SB400,138,25 4. An amount that the department of children and families may recover under s. 49.161 or 49.195 (3) or collect under s. 49.147 (6) (cm), if the department of children and families has certified the amount under s. 49.85 49.023.

SB400, s. 350 Section 350. 73.0301 (2) (c) 2. of the statutes is amended to read:

SB400,139,7 73.0301 (2) (c) 2. A licensing department may not disclose any information received under subd. 1. a. or b. to any person except to the department of revenue for the purpose of requesting certifications under par. (b) 2. in accordance with the memorandum of understanding under sub. (4) and administering state taxes or to the department of children and families for the purpose of administering s. 49.22 49.811.

SB400, s. 351 Section 351. 76.636 (1) (e) 3. of the statutes is amended to read: