SB400: Bill Text

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.

SB400,181,18 (2) Intentional program violations. The renumbering and amendment of section 49.151 (2) of the statutes and the creation of section 49.151 (2) (a) 1., 2., and 3. and (b) of the statutes first apply to acts or omissions that occur on the effective date of this subsection.

SB400,181,22 (3) Review of Wisconsin Shares decisions. The treatment of sections 49.152 (1) and 49.1525 of the statutes first applies to applications that are filed and actions of the department of children and families that occur on the first day of the 25th month after the effective date of the subsection.

SB400,181,24 (4) Public assistance fraud. The treatment of section 946.93 of the statutes first applies to acts and omissions that occur on the effective date of this subsection.

SB400, s. 474 Section 474. Effective dates. This act takes effect on the day after publication except as follows:

SB400,182,4 (1) The treatment of section 49.46 (1g) (n) (by Section 210) of the statutes takes effect on January 1, 2015.

SB400,182,5 (End)