SB400: Bill Text

SB400, s. 448 Section 448. 815.18 (13) (a) of the statutes is amended to read:

SB400,170,25 815.18 (13) (a) Assistance benefits exempt under s. 49.96 49.043.

SB400, s. 449 Section 449. 859.07 (2) (a) 2. of the statutes is amended to read:

SB400,171,4 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 49.06 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB400, s. 450 Section 450. 859.15 of the statutes is amended to read:

SB400,171,11 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), 49.345 (11), 49.808, and 301.12 (11), a claim shall not be allowed that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB400, s. 451 Section 451. 885.01 (5) of the statutes is amended to read:

SB400,171,16 885.01 (5) By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46, 49.47, and 49.471, and 49.811 and programs carrying out the purposes of 7 USC 2011 to 2029 2036.

SB400, s. 452 Section 452. 895.45 (1) (a) of the statutes is amended to read:

SB400,171,22 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 49.165 49.217 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB400, s. 453 Section 453. 938.30 (6) (b) of the statutes is amended to read:

SB400,172,8 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 454 Section 454. 938.31 (7) (b) of the statutes is amended to read:

SB400,172,19 938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 455 Section 455. 938.357 (5m) (a) of the statutes is amended to read:

SB400,173,6 938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

SB400, s. 456 Section 456. 938.36 (1) (b) of the statutes is amended to read:

SB400,173,17 938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 49.811 (2m) to the department of children and families, or the county child support agency, under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

SB400, s. 457 Section 457. 938.363 (1) (c) of the statutes is amended to read:

SB400,174,2 938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 458 Section 458 . 946.90 (title) of the statutes is created to read:

SB400,174,4 946.90 (title) Wisconsin Works fraud.

SB400, s. 459 Section 459. 946.90 (1) of the statutes is created to read:

SB400,174,6 946.90 (1) In this section:

SB400,174,8 (a) "Provider" means a Wisconsin Works agency or a person that contracts with a Wisconsin Works agency to provide services to a participant in Wisconsin Works.

SB400,174,10 (b) "Wisconsin Works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.

SB400,174,11 (c) "Wisconsin Works agency" has the meaning given in s. 49.001 (9).

SB400, s. 460 Section 460 . 946.90 (2) of the statutes is created to read:

SB400,174,14 946.90 (2) Whoever does any of the following is guilty of a Class A misdemeanor:

SB400,174,17 (a) Intentionally makes or causes to be made any false statement or representation of a material fact in any application for or receipt of any Wisconsin Works benefit or payment.

SB400,174,22 (b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a Wisconsin Works benefit or payment under Wisconsin Works, conceals or fails to disclose that event with an intent to fraudulently secure a Wisconsin Works benefit or payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized.

SB400, s. 461 Section 461 . 946.91 (title), (1) and (2) (intro.) of the statutes are created to read:

SB400,174,25 946.91 (title) Medical Assistance fraud. (1) In this section:

SB400,175,3 (a) "Facility" means a nursing home or a community-based residential facility that is licensed under s. 50.03 and that is certified by the department of health services as a provider of aid under Medical Assistance.

SB400,175,5 (b) "Medical Assistance" means the program providing aid under subch. IV of ch. 49, except ss. 49.468 and 49.471.

SB400,175,8 (c) "Provider" means a person, corporation, limited liability company, partnership, incorporated business, or professional association, and any agent or employee thereof, who provides services under Medical Assistance.

SB400,175,11 (2) (intro.) Whoever does any of the following 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, s. 462 Section 462 . 946.92 (1) (e) and (3) (a) (intro.) of the statutes are created to read:

SB400,175,14 946.92 (1) (e) "Supplemental nutrition assistance program" has the meaning given in s. 49.79 (1) (fg).

SB400,175,15 (3) (a) (intro.) If a person violates sub. (2), any of the following applies:

SB400, s. 463 Section 463. 946.93 of the statutes is created to read:

SB400,175,18 946.93 Public assistance fraud. (1) In this section, "public assistance" means any aid, benefit, or services provided under ch. 49.

SB400,175,21 (2) Whoever intentionally makes or causes to be made any false statement or representation of material fact in any application for or receipt of public assistance is guilty of a Class H felony.

SB400,175,22 (3) No person may do any of the following:

SB400,176,2 (a) Having knowledge of an event affecting the initial or continued eligibility for public assistance, conceal or fail to disclose that event with an intent to fraudulently secure public assistance, including payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized.

SB400,176,5 (b) Receive any income or assets and fail to notify the public assistance agency within 10 days after receiving the income or assets, unless a different time period is required under the applicable public assistance program.

SB400,176,9 (c) Fail to notify the public assistance agency within 10 days of any change in circumstances for which notification by the recipient must be provided under law, unless a different time period is required under the applicable public assistance program.

SB400,176,12 (d) Receive a voucher under a public assistance program for goods or services and use the funding granted under the voucher for purposes that are not authorized by the public assistance agency.

SB400,176,13 (e) If a person violates par. (a), (b), (c), or (d), any of the following applies:

SB400,176,15 1. If the value of the payment or benefit does not exceed $300, the person may be required to forfeit not more than $1,000.

SB400,176,18 2. If the value of the payment or benefit is more than $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months, or both.

SB400,176,20 3. If the value of the payment or benefit is more than $1,000 but does not exceed $2,000, the person is guilty of a Class A misdemeanor.

SB400,176,22 4. If the value of the payment or benefit is more than $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.

SB400,176,24 5. If the value of the payment or benefit is more than $5,000 but does not exceed $10,000, the person is guilty of a Class H felony.

SB400,177,2 6. If the value of the payment or benefit is more than $10,000, the person is guilty of a Class G felony.

SB400,177,6 (4) A person who obtains money, goods, services, or any other thing of value because he or she sends or brings a person to a county department, tribal governing body, or Wisconsin Works agency for the purpose of obtaining public assistance is guilty of a Class C misdemeanor.

SB400,177,15 (5) (a) Whoever solicits or receives 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 a public assistance payment may be made in whole or in part, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which public assistance payment may be made in whole or in part, 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.

SB400,177,23 (b) Whoever offers or pays 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 public assistance payment may be made in whole or in part, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which public assistance payment may be made in whole or in part, 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.

SB400,177,24 (c) This subsection does not apply to any of the following:

SB400,178,4 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 a public assistance program.

SB400,178,7 2. An amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the provision of covered items or services.

SB400,178,13 (6) Whoever makes any statement in a written application for public assistance shall be considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement shall be considered to be prima facie evidence against the person making it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this section or ch. 49.

Note: Creates the offense of public assistance fraud. This provision is intended to replace the offenses and penalties currently set forth in s. 49.95.

SB400, s. 464 Section 464. 948.22 (1) (a), (b) and (c) and (4) (b) of the statutes are amended to read:

SB400,178,19 948.22 (1) (a) "Child support" means an amount which a person is ordered to provide for support of a child by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under s. 49.90 49.039.

SB400,178,21 (b) "Grandchild support" means an amount which a person is legally obligated to provide under s. 49.90 49.039 (1) (a) 2. and (11).

SB400,179,3 (c) "Spousal support" means an amount which a person is ordered to provide for support of a spouse or former spouse by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under s. 49.90 49.039.

SB400,179,9 (4) (b) For a person not subject to a court order requiring child, grandchild, or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of children and families under s. 49.22 49.811 (9) or causing a spouse, grandchild, or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 49.801 (2).

SB400, s. 465 Section 465. 948.45 (2) of the statutes is amended to read:

SB400,179,12 948.45 (2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26 49.198 (1) (h).

SB400, s. 466 Section 466. 973.055 (3) of the statutes is amended to read:

SB400,179,16 973.055 (3) All moneys collected from domestic abuse surcharges shall be deposited credited by the secretary of administration in to the appropriation account under s. 20.437 (1) (hh) and utilized in accordance with s. 49.165 49.217.

SB400, s. 467 Section 467. 977.01 (2) of the statutes is amended to read:

SB400,179,22 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works Works under ss. 49.141 to 49.161, medical assistance Medical Assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27, weatherization assistance under s. 16.26, and the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

SB400, s. 468 Section 468. 977.06 (4) (bm) of the statutes is amended to read:

SB400,180,7 977.06 (4) (bm) In response to a request for information under s. 49.22 49.811 (2m) made by the department of children and families or a county child support agency under s. 59.53 (5), the state public defender shall provide the name and address of an individual, the name and address of the individual's employer, and financial information related to the individual, if the name, address , or financial information is included in any statement, affidavit, or other information provided by the individual regarding financial eligibility under s. 977.07 and if, at the time the request for information is made, the individual is represented by the state public defender or by counsel assigned under s. 977.08.

SB400, s. 469 Section 469. 978.05 (4m) of the statutes is amended to read:

SB400,180,11 978.05 (4m) Welfare fraud investigations. Cooperate with the departments of children and families and health services regarding the fraud investigation programs under ss. 49.019 (1) and 49.197 (1m) and 49.845 (1).

SB400, s. 470 Section 470. 978.06 (6) of the statutes is amended to read:

SB400,180,15 978.06 (6) No district attorney, deputy district attorney, or assistant district attorney may appear in a civil action or proceeding under s. 49.22 49.811 (7), 59.53 (5), 767.205 (2), 767.501, or 767.80 or ch. 769.

SB400, s. 471 Section 471. 995.67 (1) (a) of the statutes is amended to read:

SB400,180,18 995.67 (1) (a) "Domestic abuse" has the meaning given in s. 49.165 49.217 (1) (a).

SB400, s. 472 Section 472. Nonstatutory provisions.

SB400,180,20 (1) Public assistance applications; rules.

SB400,180,24 (a) The department of children and families shall submit in proposed form the rules required under section 49.006 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this paragraph.

SB400,181,4 (b) The department of health services shall submit in proposed form the rules required under section 49.006 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this paragraph.

SB400,181,9 (2) Review of Wisconsin Shares decisions; rules. The department of children and families shall submit in proposed form the rules required under section 49.1525 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

SB400, s. 473 Section 473. Initial applicability.

SB400,181,14 (1) Public assistance applications. The treatment of section 49.006 of the statutes first applies to applications for aid or benefits under chapter 49 of the statutes that are received by the department of health services or the department of children and families on the effective date of this subsection.