LRB-2257/1
FFK:jld:jm
2011 - 2012 LEGISLATURE
January 25, 2012 - Introduced by Joint Legislative Council. Referred to
Committee on Judiciary, Utilities, Commerce, and Government Operations.
SB400,6,2
1An Act to repeal 49.01 (1m) and (8p), 49.133, 49.136 (1) (b), 49.137 (1) (ab), (am),
2(bd) and (e), 49.141 (7) (b), 49.141 (9) (title), 49.141 (10) (title) and (b), 49.1455,
349.147 (1) (intro.), 49.147 (3m), 49.148 (4) (title), 49.155 (1) (ag) and (d), 49.19
4(5) (a) 1m., (16) and (17), 49.197 (2) (a) 3., 49.26 (1) (h) 2. and (2) (title) and (a),
549.265 (1) (c), 49.29, 49.32 (3) to (6), 49.35 (1) (bm), 49.36 (1) (b), 49.46 (1g) (n),
649.49 (1) (title) and (a) (intro.), 49.49 (1) (b), 49.49 (2) (title) and (2) (a) (title),
749.49 (2) (b) (title), 49.49 (2) (c) (title), 49.49 (3) (title), 49.49 (3m) (title), 49.49
8(3m) (b), 49.49 (4) (title), 49.686 (1) (f), 49.688 (1) (b), 49.78 (1) (cr), 49.79 (3) (b),
949.795 (1) (c), 49.795 (1) (cm), 49.795 (7), 49.795 (8) (a) (intro.), 49.797 (1), 49.797
10(2) (b), 49.797 (8), 49.84 (6) (a), 49.852 (1c), 49.853 (1) (b), 49.854 (1) (a), 49.856
11(1) (b), 49.857 (1) (cf), 49.858 (1) (a), 49.95 and 227.01 (13) (im);
to renumber
1249.001 (5m), 49.01 (3m), 49.02 (1), (1e) and (2), 49.08, 49.11, 49.114, 49.134,
1349.136 (title), (1) (intro.), (ad), (am) and (g) to (n) and (2) to (7) of the statutes,
1449.137 (title), 49.137 (2) to (6), 49.1375, 49.1452, 49.148 (4) (a) to (c), 49.153,
149.1635, 49.165, 49.167, 49.169, 49.225, 49.227, 49.25, 49.26 (title), 49.27, 49.32
2(title), 49.36 (title), 49.46 (1), 49.78 (title), 49.78 (1) (intro.) and (b), 49.78 (1) (br),
3(1m), (1r), (2) (b), (2m) and (2r), 49.78 (2) (title) and (a), (10) and (11), 49.78 (4)
4to (7), 49.78 (8) (title) and (b), 49.795 (title) and (1) (intro.), 49.81, 49.82, 49.825
5(2) (d), (3) (a) and (4) (intro.), 49.825 (4) (e) and (5), 49.826, 49.847 (title) and (3),
649.86, 49.89 and 49.90;
to renumber and amend 49.001 (1m), 49.001 (4),
749.01 (intro.), 49.01 (1g), (2), (2g), (3) and (8L), 49.015 (title), (1) (intro.) and
8(am), (1m), (2), (2m) and (3) (b), 49.015 (1) (a) and (c) and (3) (title) and (a), 49.02
9(title) and (5) to (11), 49.029, 49.141 (7) (a), 49.141 (9) (a) to (c), 49.141 (10) (a),
1049.147 (1) (c), 49.1473, 49.151 (2), 49.155 (7) (b) 4., 49.195 (3), 49.22, 49.24, 49.26
11(1) (a) to (h) 1s., (hm) and (hr), 49.26 (2) (b), 49.275, 49.32 (1), (2) and (7) to (12),
1249.35 (title), (1) (a), (b), and (c) and (2), 49.36 (2) to (7), 49.49 (1) (a) 1. to 4., 49.49
13(1) (c), 49.49 (2) (a), 49.49 (2) (b), 49.49 (2) (c), 49.49 (3), 49.49 (3m) (a), 49.77 (1),
1449.78 (8) (a), 49.79 (1) (c), 49.795 (1) (a), (b), (d) and (e) (intro.), 3., 4. and 5.,
1549.795 (1) (e) 1. and 2., 49.795 (2) to (6), 49.795 (8) (a) 1., 49.795 (8) (a) 2., 49.795
16(8) (b), 49.795 (8) (c), 49.795 (8) (d) 1., 49.795 (8) (d) 1m., 49.795 (8) (d) 2., 49.795
17(8) (e) and (f), 49.797 (2) (a), 49.825 (title), (1), (2) (title) and (a) to (c), (3) (title),
18(b) and (c) and (4) (a) to (d), 49.83, 49.84 (1), (2), (3), (4), (5) and (6) (b) to (d),
1949.845, 49.847 (1) and (2), 49.85 and 49.96;
to consolidate, renumber and
20amend 49.137 (1) (intro.) and (c), 49.149 (intro.), (1) and (3), 49.36 (1) (intro.)
21and (a), 49.49 (4) (a) and (b) and 49.858 (1) (intro.) and (b);
to amend 5.05 (5s)
22(c), 6.47 (1) (ag), 7.08 (10), 13.94 (4) (a) 1., 13.94 (4) (b), 16.009 (2) (j), 16.27 (5)
23(c) and (e), 19.55 (2) (d), 20.435 (4) (bm), 20.435 (4) (bn), 20.435 (4) (gr), 20.435
24(4) (im), (kb) and (L), 20.435 (4) (nn), 20.437 (1) (b), (cd), (gg) and (hh), 20.437
25(1) (o), 20.437 (1) (pd), 20.437 (2) (a), (bc), (dz), (e), (ja), (jL), (k), (L), (n), (nL) and
1(qm), 20.437 (2) (s), 20.545 (1) (i), 29.024 (2g) (c), 29.229 (5m) (b), 40.02 (25) (b)
22c., 40.22 (2) (m), 40.62 (2), 46.03 (7) (bm), (18) (a) and (20) (a), 46.036 (1), 46.10
3(14) (b) and (g), 46.206 (1) (a) and (2), 46.21 (2m) (c) and (5) (b), 46.215 (1)
4(intro.), 46.215 (1) (d), 46.215 (1) (j) and (k), (1m) and (1p), 46.215 (2) (a) 1. and
52., 46.215 (2) (c) 1. and 2., 46.22 (1) (b) 1. b., 46.22 (1) (b) 2. c., 46.22 (1) (b) 2. d.,
646.22 (1) (b) 2. e. and g., (d), (dm), (dp) and (e) 3. a. and b., 46.22 (2) (b), (2g) (d)
7and (3m) (a), 46.23 (3) (e) and (ed), 46.23 (5) (a) 1. and 2., (c) 1. and 2. and (n)
81. and 2., (5m) (c) and (6) (a) (intro.), 46.27 (7) (am), 46.28 (1) (f), 46.283 (3) (k),
946.283 (7) (b), 46.284 (7) (b), 46.2895 (10), 46.56 (3) (b) 15., 48.30 (6) (b), 48.31
10(7) (b), 48.357 (5m) (a), 48.36 (1) (b), 48.36 (2), 48.361 (2) (c), 48.362 (4) (c), 48.363
11(1) (c), 48.47 (7g), 48.62 (2), 48.651 (2c) (a), 48.66 (2m) (c) and (cm), 48.685 (5)
12(br) 5., 48.839 (1) (d) and (e), 48.98 (2) (d), 48.981 (8) (a) and (d) 1., 48.988 (11),
1348.989 (2), 49.001 (5p), 49.138 (4) (c), 49.141 (7) (c) (intro.), 49.141 (7) (c) 3.,
1449.141 (8), 49.143 (2) (b), 49.143 (2) (d), 49.143 (3g) (a) 1., 49.145 (2) (j), 49.145
15(2) (s), 49.147 (5m) (a) (intro.), 49.147 (6) (cm) 1., 49.148 (1) (b) 1., 49.148 (1m)
16(a) 1., 49.15 (3) (a), 49.152 (title), 49.152 (1), 49.155 (1) (ah), 49.155 (1g) (bc), (d)
17and (e), 49.155 (1m) (intro.), (a) 1., 1m. (intro.) and 3m., 49.155 (3g) (a) (intro.)
18and (b), 49.155 (6m) (a) and (b), 49.159 (2), 49.161 (1), 49.173 (3) (a) 2., 49.175
19(1) (m), 49.19 (4) (h) 1. b., 49.195 (title), 49.195 (3m) (f), 49.195 (3n) (q) 2., 49.197
20(1m), 49.197 (3), 49.197 (4), 49.197 (5), 49.325 (1) (a), 49.325 (2), 49.325 (2g) (a),
2149.325 (2r) (a) 1., 49.325 (2r) (a) 2., 49.34 (1), 49.34 (2), 49.34 (4) (e), 49.345 (2),
2249.345 (14) (a), (b) and (g), 49.385, subchapter IV (title) of chapter 49 [precedes
2349.43], 49.43 (intro.), 49.43 (2r) and (8m), 49.45 (2) (a) 3. and (b) 7. (intro.) and
24a., (3) (a) and (11), 49.45 (6y) (a), 49.45 (11), 49.45 (38), 49.45 (40), 49.46 (2) (a)
256., (be) and (bm), 49.46 (2) (c) 2., 3., 4., 5. and 5m., 49.46 (2) (cm) 1., 49.465 (2)
1(intro.), 49.468 (1) (b) and (c), 49.468 (1m) (a) and (2) (a), 49.47 (4) (am) 1. and
22., 49.47 (4) (j), 49.471 (3) (a) 1., 2. and 3., 49.471 (4) (a) 7., 49.473 (2) (a), 49.475
3(6), 49.49 (3p) (title), 49.49 (7) (d), 49.493 (1) (b), 49.496 (4) (a), subchapter V
4(title) of chapter 49 [precedes 49.66], 49.685 (7) (a) 2. and 5., 49.688 (9) (a),
549.785 (1) (intro.), 49.79 (title), 49.79 (1) (intro.), 49.79 (1) (e), 49.79 (2), (5) (a),
6(6), (7), (8m) (a) and (b) and (9) (a) 2., 3. and 4. , 49.79 (3) (title), 49.79 (3) (a) and
7(c), (4), (8) and (9) (a) 1., 49.793 (title), 49.793 (1) and (2) (a), 49.797 (2) (title),
849.853 (4) (d), 49.855 (6), 49.857 (4), 50.01 (1g) (b), 51.42 (3) (e), 51.437 (4r) (b),
959.22 (2) (c) 2., 59.40 (2) (p), 59.53 (5) (a) and (6) (b), 59.54 (23), 63.03 (2) (r),
1069.03 (14), 69.15 (3) (b) 3., 69.20 (3) (f), 71.07 (2dx) (a) 5., 71.07 (2dx) (b) 2., 71.07
11(2dx) (b) 3., 71.07 (2dx) (b) 4., 71.07 (2dx) (b) 5., 71.28 (1dx) (a) 5., 71.28 (1dx)
12(b) 2., 71.28 (1dx) (b) 3., 71.28 (1dx) (b) 4., 71.28 (1dx) (b) 5., 71.47 (1dx) (a) 5.,
1371.47 (1dx) (b) 2., 71.47 (1dx) (b) 3., 71.47 (1dx) (b) 4., 71.47 (1dx) (b) 5., 71.78
14(4) (g), 71.93 (1) (a) 3. and 4., 73.0301 (2) (c) 2., 76.636 (1) (e) 3., 76.636 (1) (e)
1513., 76.636 (2) (b), 76.636 (2) (c), 76.636 (2) (d), 76.636 (2) (e), 77.61 (5) (b) 11.,
1685.24 (4) (b), 85.24 (4) (c), 101.02 (21) (b), 101.123 (1) (abm), 102.17 (1) (cg) 3.,
17102.29 (8r), 102.33 (2) (b) 5., 103.05 (1) and (4) (a), 103.275 (2) (bg) 3., 103.34 (10)
18(a) 4., 103.91 (2) (b) 3., 103.92 (1) (b) 3., 104.07 (4) (c), 105.06 (1m) (c), 106.54 (9),
19111.322 (2m) (bm), 115.347 (2), 118.15 (5) (b) 1., 118.19 (1r) (a) and (10) (g),
20119.82 (1m) (c), 134.43 (3m), 149.12 (2) (f) 2. c., 169.34 (2), 218.0114 (20) (c) and
21(21e) (a), 218.11 (2) (am) 3., 218.12 (2) (am) 2., 218.21 (2m) (b), 218.31 (1m) (b),
22218.41 (2) (am) 2., 218.51 (3) (am) 2., 227.43 (1) (by), 230.13 (3) (a), 230.44 (1)
23(h) and (i), 238.30 (4m), 252.06 (10) (b) 4., 252.07 (10), 291.15 (2) (d), 301.12 (14)
24(b) and (g), 301.45 (7) (a), 302.372 (2) (b), 341.51 (4g) (b), 342.06 (1) (eg), 343.14
25(2j), 343.305 (6) (e) 3. b., 343.50 (8) (b), 343.61 (2) (b), 343.62 (2) (b), 349.19,
1440.03 (11m) (c), 440.43 (5), 440.44 (10), 440.92 (6) (d), 461.02 (9) (bm) 3., 562.05
2(8m) (a), 563.28 (2), 628.095 (4) (a), 632.69 (2) (c), 633.14 (2c) (a), 751.15 (2),
3767.127 (4), 767.205 (2) (a) 1. and 2. and (b) 1. and 2., 767.215 (1) (b) and (2m)
4(a) 2., 767.225 (1n) (b) 1., 767.241 (1) (b), 767.241 (3), 767.407 (1) (c) 1., 767.407
5(1) (c) 2., 767.511 (1g) and (1j), 767.521 (intro.), 767.55 (2) (am) (intro.) and 1m.
6and (c), 767.553 (1) (a) and (b), 767.59 (1f) (b) 4. and (c) 1. and (2) (a), 767.80 (1)
7(j), (5) (b) and (7), 767.813 (6), 767.83 (3), 767.84 (1) (a), (1m) and (5) (b), 767.85
8(2), 767.853 (2), 767.863 (2), 767.87 (1) (c), 767.893 (2) (b) 2., 802.10 (1), 803.03
9(2) (a) and (bm), 812.30 (9), 812.44 (4) 2. (form), 812.44 (5) 2. (form), 813.12 (5)
10(b), 814.03 (3), 814.29 (1) (d) 1., 815.18 (13) (a), 859.07 (2) (a) 2., 859.15, 885.01
11(5), 895.45 (1) (a), 938.30 (6) (b), 938.31 (7) (b), 938.357 (5m) (a), 938.36 (1) (b),
12938.363 (1) (c), 948.22 (1) (a), (b) and (c) and (4) (b), 948.45 (2), 973.055 (3),
13977.01 (2), 977.06 (4) (bm), 978.05 (4m), 978.06 (6) and 995.67 (1) (a);
to repeal
14and recreate subchapter I (title) of chapter 49 [precedes 49.001], subchapter
15II (title) of chapter 49 [precedes 49.05], subchapter III (title) of chapter 49
16[precedes 49.203] and subchapter VI (title) of chapter 49 [precedes 49.8105];
17and
to create 49.001 (4m) and (7m), 49.003 (1) (am), 49.006, 49.007 (3), 49.017
18(1c), 49.138 (5), 49.143 (2) (h), 49.145 (3m) (title), 49.151 (2) (a) 1., 2. and 3. and
19(b), 49.1525, 49.195 (3) (b), 49.203, 49.4715, 49.77 (1) (b), 49.796 (title), 49.796
20(1), 49.8105, 946.90 (title), 946.90 (1), 946.90 (2), 946.91 (title), (1) and (2)
21(intro.), 946.92 (1) (e) and (3) (a) (intro.) and 946.93 of the statutes;
relating to:
1reorganization of chapter 49 of the statutes, changes affecting public assistance
2programs, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Public Assistance Program Integrity.
The bill reorganizes many of the provisions of ch. 49, stats., relating to public
assistance and children and family services, into the following 6 subchapters:
Subchapter I - General Provisions.
Subchapter II - Children and Families; Wisconsin Works, Aid to Families, and
Child Care Subsidy.
Subchapter III - Children and Families; Other Support Services.
Subchapter IV - Health; Medical Assistance.
Subchapter V - Health; Other Support and Medical Programs and Relief Block
Grants.
Subchapter VI - Children and Families; Child Support.
The bill reorganizes current definitions within ch. 49, stats., to remove duplication
and place definitions in the sections in which they are used or at the beginning of the
chapter if they are used throughout the chapter. Terms defined in the section providing
general chapter definitions, s. 49.001, stats., are retained there only if they are used
throughout the chapter. If terms appear in only one or 2 sections in the chapter, the bill
moves them to ensure that they are located in the subchapters or sections in which the
terms are used.
The bill creates a new definition for the term "intentional program violation",
which is not currently defined in the chapter. Under current law, if a court finds or it is
determined after an administrative hearing that a person has intentionally violated, on
3 separate occasions, any statute or rules governing the Wisconsin Works program, a
Wisconsin Works agency may permanently deny the individual Wisconsin Works
benefits. The bill clarifies that a Wisconsin Works agency determines whether a person
has intentionally violated a provision of the Wisconsin Works program and includes
emergency assistance in the list of programs to which the provision applies; creates
sanctions for first and 2nd violations; and provides an opportunity for a person to have
a determination of each intentional program violation reviewed.
The bill requires the Department of Children and Families (DCF) to recover
overpayments made under the emergency assistance for families with needy children
program. Under the bill, the amount recovered may not exceed the amount of emergency
assistance paid. The bill requires DCF to promulgate rules to implement the provision.
The bill moves several provisions of ch. 49, stats., that are offenses with criminal
penalties to ch. 946, stats., of the criminal code, relating to crimes against government
and its administration. The bill creates 4 new criminal offenses in ch. 946, stats.:
Wisconsin Works fraud, medical assistance fraud, supplemental nutrition assistance
fraud, and public assistance fraud.
This bill requires DCF to waive recovery of incorrect payments to a child care
provider if the child care provider provided services in reliance on incorrect information
provided to the child care provider by a county department or an agency with which DCF
contracts.
The bill renumbers and amends s. 49.155 (7) (b) 4., stats., to make temporary the
suspension of payments to child care providers based solely on reasonable suspicion of a
program violation. Under current law, DCF is authorized to suspend payments to child
care providers based on DCF's reasonable suspicion that the provider has violated any
provision of s. 49.155, stats., relating to the Wisconsin Shares program. It does not specify
the length of time that DCF may suspend payments on that basis. A separate section of
the statutes, s. 49.155 (7m), stats., provides authority for withholding payments from a
child care provider pursuant to a finding that the provider submitted false, misleading,
or irregular information to DCF or failed to comply with the terms of the program. The
bill preserves DCF's authority to suspend payments based on reasonable suspicion that
a violation has occurred but requires DCF to either rescind the suspension of payments
or initiate an action for permanent suspension of payments within 30 working days after
an initial suspension on the basis of reasonable suspicion.
Under current law, s. 49.95, stats., which contains general public assistance
offenses and penalties, provides that any person who makes any statement in a written
application for aid under ch. 49, stats., is considered to have made an admission as to the
existence, correctness, or validity of any fact stated. This admission may be used in an
enforcement action under ch. 49, stats. The bill includes similar language in proposed
s. 49.006 (1). Under the bill, an employee who accepts an application for aid or a benefit
has the authority to administer an oath to the applicant that the information given is true
and correct to the best of the applicant's knowledge. The bill also requires DCF and the
Department of Health Services (DHS) to promulgate rules requiring that information
provided by an applicant for any aid or benefit under ch. 49, stats., must be sworn to or
otherwise affirmed as being true and correct to the best of the applicant's knowledge.
Under current law, a child care provider who provides care for children who are
eligible for the Wisconsin Shares child care subsidy program must maintain attendance
records. Specifically, the child care provider must maintain a written record of the daily
hours of attendance of each child for whom the provider is providing care under Wisconsin
Shares, including the actual arrival and departure times for each child. In addition, such
a provider must retain these records for each child for at least 3 years after the child's last
day of attendance, regardless of whether the child care provider is still receiving or
eligible to receive payments under Wisconsin Shares. This bill requires a provider to
maintain an accurate written record of the daily hours of attendance for each child for
whom the provider is providing care under Wisconsin Shares. In addition, under the bill,
the attendance records must be kept on the child care premises.
The bill requires DHS, in consultation with DCF, to provide training related to
program integrity to county and Wisconsin Works agency employees who administer
programs under ch. 49, stats.
The bill amends s. 49.96, stats., to add payments made to custodial parents of
supplemental security income recipients to the list of payments and benefits that are
exempt from taxation, execution, garnishment, attachment, and other processes.
SB400, s. 1
1Section
1. 5.05 (5s) (c) of the statutes is amended to read:
SB400,8,52
5.05
(5s) (c) The board shall provide information from investigation and
3hearing records that pertains to the location of individuals and assets of individuals
4as requested under s.
49.22 49.811 (2m) by the department of children and families
5or by a county child support agency under s. 59.53 (5).
SB400, s. 2
6Section
2. 6.47 (1) (ag) of the statutes is amended to read:
SB400,8,107
6.47
(1) (ag) "Domestic abuse victim service provider" means an organization
8that is certified by the department of children and families as eligible to receive
9grants under s.
49.165 49.217 (2) and whose name is included on the list provided by
10the board under s. 7.08 (10).
SB400, s. 3
11Section
3. 7.08 (10) of the statutes is amended to read:
SB400,8,1512
7.08
(10) Domestic abuse and sexual assault service providers. Provide to
13each municipal clerk, on a continuous basis, the names and addresses of
14organizations that are certified under s.
49.165
49.217 (4) or 165.93 (4) to provide
15services to victims of domestic abuse or sexual assault.
SB400,9,1318
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
19credentialing board, commission, independent agency, council
, or office in the
20executive branch of state government; all bodies created by the legislature in the
21legislative or judicial branch of state government; any public body corporate and
1politic created by the legislature including specifically the Fox River Navigational
2System Authority, the Lower Fox River Remediation Authority, the Wisconsin
3Aerospace Authority, and the Wisconsin Economic Development Corporation, a
4professional baseball park district, a local professional football stadium district, a
5local cultural arts district
, and a long-term care district under s. 46.2895; every
6Wisconsin
works Works agency under subch.
III II of ch. 49; every provider of
medical
7assistance Medical Assistance under subch. IV of ch. 49; technical college district
8boards; every county department under s. 51.42 or 51.437; every nonprofit
9corporation or cooperative or unincorporated cooperative association to which
10moneys are specifically appropriated by state law; and every corporation, institution,
11association or other organization which receives more than 50% of its annual budget
12from appropriations made by state law, including subgrantee or subcontractor
13recipients of such funds.
SB400, s. 5
14Section
5. 13.94 (4) (b) of the statutes is amended to read:
SB400,9,2115
13.94
(4) (b) In performing audits of long-term care districts under s. 46.2895,
16Wisconsin
works Works agencies under subch.
III II of ch. 49, providers of
medical
17assistance Medical Assistance under subch. IV of ch. 49, corporations, institutions,
18associations, or other organizations, and their subgrantees or subcontractors, the
19legislative audit bureau shall audit only the records and operations of such providers
20and organizations which pertain to the receipt, disbursement
, or other handling of
21appropriations made by state law.
SB400, s. 6
22Section
6. 16.009 (2) (j) of the statutes is amended to read:
SB400,9,2523
16.009
(2) (j) Provide information and counseling to consumers regarding
24insurance policies available to supplement federal medicare insurance coverage,
25including long-term care insurance, and the eligibility requirements for
medical
1assistance Medical Assistance under s. 49.46
(1) (1g), 49.468 or 49.47 (4). To
2implement this responsibility, the board shall provide training, educational
3materials
, and technical assistance to volunteer organizations and private
4businesses
that are willing and able to provide insurance and
medical assistance 5Medical Assistance eligibility information and counseling, in order that these
6organizations and businesses may provide the information and counseling to
7consumers.
SB400, s. 7
8Section
7. 16.27 (5) (c) and (e) of the statutes are amended to read:
SB400,10,129
16.27
(5) (c) A household entirely composed of persons receiving aid to families
10with dependent children under s. 49.19,
food stamps
supplemental nutrition
11assistance program benefits under
7 USC 2011 to
2036, or supplemental security
12income or state supplemental payments under
42 USC 1381 to
1383c or s. 49.77.
SB400,10,1813
(e) A household that is not eligible under par. (c) that includes at least one
14person who is eligible for
food stamps supplemental nutrition assistance program
15benefits under
7 USC 2011 to
2036, excluding any household in an institution, as
16defined by the department of health services by rule. Notwithstanding sub. (6), a
17household under this paragraph shall be eligible for a heating assistance benefit of
18not more than $1.
SB400, s. 8
19Section
8. 19.55 (2) (d) of the statutes is amended to read:
SB400,10,2420
19.55
(2) (d) Records of the social security number of any individual who files
21an application for licensure as a lobbyist under s. 13.63 or who registers as a principal
22under s. 13.64, except to the department of children and families for purposes of
23administration of s.
49.22 49.811 or to the department of revenue for purposes of
24administration of s. 73.0301.
SB400,11,213
20.435
(4) (bm)
Medical Assistance, food stamps supplemental nutrition
4assistance program, and Badger Care administration; contract costs, insurer reports,
5and resource centers. Biennially, the amounts in the schedule to provide a portion
6of the state share of administrative contract costs for the Medical Assistance
7program under subch. IV of ch. 49 and the Badger Care health care program under
8s. 49.665 and to provide the state share of administrative costs for the
food stamp 9supplemental nutrition assistance program under s. 49.79, other than payments
10under s.
49.78 49.003 (8), to develop and implement a registry of recipient
11immunizations, to reimburse 3rd parties for their costs under s. 49.475, for costs
12associated with outreach activities, for state administration of state supplemental
13grants to supplemental security income recipients under s. 49.77, to administer the
14pharmacy benefits purchasing pool under s. 146.45, and for services of resource
15centers under s. 46.283. No state positions may be funded in the department of
16health services from this appropriation, except positions for the performance of
17duties under a contract in effect before January 1, 1987, related to the administration
18of the Medical Assistance program between the subunit of the department primarily
19responsible for administering the Medical Assistance program and another subunit
20of the department. Total administrative funding authorized for the program under
21s. 49.665 may not exceed 10% of the amounts budgeted under pars. (p) and (x).
SB400,12,624
20.435
(4) (bn)
Income maintenance. Biennially, the amounts in the schedule
25for the administration of the
food stamp supplemental nutrition assistance
1employment and training program under s. 49.79 (9), for the performance of income
2maintenance administrative activities on behalf of a county or multicounty
3consortium under s.
49.78 49.003 (1m) (c), and for payments under s.
49.78 49.003 4(8) relating to the administration of the Medical Assistance program under subch.
5IV of ch. 49, the Badger Care health care program under s. 49.665, and the
food stamp 6supplemental nutrition assistance program.
SB400,12,119
20.435 (4) (gr)
Income maintenance; county payments. All moneys received
10from counties under s.
49.78 49.003 (1m) (d) for administering income maintenance
11program under s.
49.78 49.003 (1m) (c).
SB400, s. 12
12Section
12. 20.435 (4) (im), (kb) and (L) of the statutes are amended to read:
SB400,12,2413
20.435
(4) (im)
Medical assistance Assistance; correct payment recovery;
14collections; other recoveries. All moneys received from the recovery of correct
medical
15assistance Medical Assistance payments under ss. 49.496 and 867.035 and rules
16promulgated under s. 46.286 (7), all moneys received as collections and other
17recoveries from providers, drug manufacturers, and other 3rd parties under
medical
18assistance Medical Assistance performance-based contracts, and all moneys
19credited to this appropriation account under s.
49.89
49.037 (7) (f), for payments to
20counties and tribal governing bodies under s. 49.496 (4) (a), for payment of claims
21under s. 867.035 (3), for payments to the federal government for its share of
medical
22assistance Medical Assistance benefits recovered, for the state share of
medical
23assistance Medical Assistance benefits provided under subch. IV of ch. 49, and for
24costs related to collections and other recoveries.
SB400,13,6
1(kb)
Relief block grants to tribal governing bodies. The amounts in the schedule
2for relief block grants under s.
49.029 49.806 to tribal governing bodies. All moneys
3transferred from the appropriation account under s. 20.505 (8) (hm) 18. shall be
4credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the
5unencumbered balance on June 30 of each year shall revert to the appropriation
6account under s. 20.505 (8) (hm).
SB400,13,187
(L)
Fraud and error reduction. All moneys received as the state's share of the
8recovery of overpayments and incorrect payments under ss.
49.021, 49.497 (1) and
9(1m),
and 49.793 (2) (a)
, and 49.847, all moneys received from counties and tribal
10governing bodies as a result of any error reduction activities under ss.
49.019 and 1149.197
and 49.845, and all moneys credited to this appropriation account under ss.
1249.021 (3) (b), 49.497 (2) (b),
and 49.793 (2) (b)
, and 49.847 (3) (b), for any contracts
13under s. 49.197 (5), for any activities to reduce error and fraud under s.
49.845 1449.019, to pay federal sanctions under the
food stamp supplemental nutrition
15assistance program, and for
food stamp supplemental nutrition assistance program 16reinvestment activities under reinvestment agreements with the federal
17department of agriculture that are designed to improve the
food stamp supplemental
18nutrition assistance program.
SB400,14,221
20.435
(4) (nn)
Federal aid; income maintenance. All moneys received from the
22federal government for the costs of contracting for the administration of the Medical
23Assistance program under subch. IV of ch. 49 and the Badger Care health care
24program under s. 49.665 and the
food stamp supplemental assistance nutrition
1program, other than moneys received under par. (pa), for costs to administer income
2maintenance programs, as defined in s.
49.78 49.003 (1) (b).
SB400, s. 14
3Section
14. 20.437 (1) (b), (cd), (gg) and (hh) of the statutes are amended to
4read:
SB400,14,215
20.437
(1) (b)
Children and family aids payments. The amounts in the schedule
6for services for children and families under s. 48.563, for reimbursement to counties
7having a population of less than 500,000 for the cost of court attached intake services
8under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22, and for foster care and
9subsidized guardianship care under ss. 48.645 and 49.19 (10). Social services
10disbursements under s.
49.32 49.06 (2) (b) may be made from this appropriation.
11Refunds received relating to payments made under s.
49.32 49.06 (2) (b) for the
12provision of services for which moneys are appropriated under this paragraph shall
13be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1),
14the department of children and families may transfer funds between fiscal years
15under this paragraph. The department shall deposit into this appropriation funds
16it recovers under s. 48.569 (2) (b), from prior fiscal year audit adjustments. Except
17for amounts authorized to be carried forward under s. 48.565, all funds recovered
18under s. 48.569 (2) (b) and all funds allocated under s. 48.563 and not spent or
19encumbered by December 31 of each year shall lapse to the general fund on the
20succeeding January 1 unless carried forward to the next calendar year by the joint
21committee on finance.
SB400,15,222
(cd)
Domestic abuse grants. The amounts in the schedule for the purposes of
23s.
49.165 49.217. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department
24may transfer funds between fiscal years under this paragraph. All funds allocated
25by the department under s.
49.165 49.217 (2) but not encumbered by December 31
1of each year lapse to the general fund on the next January 1 unless transferred to the
2next calendar year by the joint committee on finance.
SB400,15,53
(gg)
Collection remittances to local units of government. All moneys received
4under ss.
49.32 49.06 (1) and 49.345 for the purposes of remitting departmental
5collections under s.
49.32 49.06 (1) (g) or 49.345 (8) (g).
SB400,15,86
(hh)
Domestic abuse surcharge grants. All moneys received from the domestic
7abuse surcharge on court fines, as authorized under s. 971.37 (1m) (c) 1. or 973.055,
8to provide grants to domestic abuse services organizations under s.
49.165 49.217.
SB400,15,1811
20.437
(1) (o)
Federal aid; children and family aids. All federal moneys
12received in amounts pursuant to allocation plans developed by the department for
13the provision or purchase of services authorized under par. (b) and all federal moneys
14received as child welfare funds under
42 USC 620 to
626 for projects and services as
15limited under s. 48.985. Disbursements from this appropriation may be made
16directly to counties for services to children and families under s.
49.32 49.06 (2) (b)
17or 49.325 or directly to counties in accordance with federal requirements for the
18disbursal of federal funds.
SB400,16,621
20.437
(1) (pd)
Federal aid; state foster care, guardianship, and adoption
22services. All federal moneys received for meeting the costs of providing foster care,
23institutional child care, and subsidized adoptions under ss. 48.48 (12) and 48.52, the
24cost of care for children under s. 49.19 (10) (d), the cost of subsidized guardianship
25payments under s. 48.623 (1) or (6), the cost of providing, or contracting with private
1adoption agencies to assist the department in providing, services to children with
2special needs who are under the guardianship of the department to prepare those
3children for adoption, and the cost of providing postadoption services to children with
4special needs who have been adopted. Disbursements for foster care under s.
49.32 549.06 (2) and for the purposes described under s. 48.627 may be made from this
6appropriation.
SB400, s. 17
7Section
17. 20.437 (2) (a), (bc), (dz), (e), (ja), (jL), (k), (L), (n), (nL) and (qm) of
8the statutes are amended to read:
SB400,16,179
20.437
(2) (a)
General program operations. The amounts in the schedule for
10general program operations relating to economic support, including field services,
11administrative services
, and services related to identifying maintenance-of-effort
12funds, for costs associated with receiving and disbursing support and
13support-related payments, including any contract costs, and for administering the
14program under s.
49.22 49.811 and all other purposes specified in s.
49.22 49.811.
15No moneys may be expended under this paragraph for the program under, or any
16other purpose specified in, s.
49.22 49.811 unless moneys appropriated under par. (ja)
17are insufficient for the purposes specified under that paragraph.
SB400,16,2318
(bc)
Child support local assistance. As a continuing appropriation, the
19amounts in the schedule to be distributed as child support incentive payments as
20provided in s.
49.24 49.821 (1) (a). If federal legislation provides for the matching of
21federal funds for federal child support incentive payments at a rate of 66 percent or
22more, no moneys may be encumbered under or expended from this appropriation
23while the federal legislation is in effect.
SB400,17,1624
(dz)
Temporary Assistance for Needy Families programs; maintenance of effort. 25The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for
1administration and benefit payments under Wisconsin Works under ss. 49.141 to
249.161, the learnfare program under s.
49.26 49.198, and the work experience
3program for noncustodial parents under s.
49.36 49.163; for payments to local
4governments, organizations, tribal governing bodies, and Wisconsin Works agencies;
5and for emergency assistance for families with needy children under s. 49.138.
6Payments may be made from this appropriation account for any contracts under s.
749.845 49.019 (4) and for any fraud investigation and error reduction activities under
8s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match
9federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002
10(1), the department may transfer funds between fiscal years under this paragraph.
11Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services
12shall credit to this appropriation account funds for the purposes of this appropriation
13that the department transfers from the appropriation account under s. 20.435 (5)
14(bc). All funds allocated by the department but not encumbered by December 31 of
15each year lapse to the general fund on the next January 1 unless transferred to the
16next calendar year by the joint committee on finance.
SB400,17,1817
(e)
Incentive payments for identifying children with health insurance. The
18amounts in the schedule for incentive payments under s.
49.25 49.823.