2011 - 2012 LEGISLATURE
February 3, 2012 - Introduced by Senators Darling and Lazich, cosponsored by
Representatives Krug, Knodl, Ballweg, Endsley, Jacque, Kerkman, Kestell,
Knudson, T. Larson, Marklein, A. Ott, Pridemore, Spanbauer, Steineke,
Strachota, Thiesfeldt, Van Roy, Vos, Wynn, Ziegelbauer and J. Ott. Referred
to Committee on Judiciary, Utilities, Commerce, and Government
1An Act to renumber and amend
49.151 (2); and to create
49.001 (3m) and 2
49.151 (2) (a) 1., 2. and 3. and (b) of the statutes; relating to: intentional
3program violations of public assistance programs.
Analysis by the Legislative Reference Bureau
The Wisconsin Works (W-2) program provides work experience and benefits for
low-income custodial parents who are at least 18 years old, as well as job search
assistance to noncustodial parents who are required to pay child support, to minor
custodial parents, and to pregnant women who are not custodial parents. Under
Wisconsin Shares, which is also part of the W-2 program, an individual who is the
parent of a child under the age of 13 or, if the child is disabled, under the age of 19,
who needs child care services to participate in various educational or work activities,
and who satisfies other eligibility criteria, may receive a child care subsidy for child
care services. The W-2 program is currently administered by the Department of
Children and Families (DCF). DCF also administers a program that provides
emergency assistance to needy persons in cases of fire, flood, natural disaster, energy
crisis, or homelessness or impending homelessness (emergency assistance program).
Under current law, if a court finds or if it is determined after an administrative
hearing that an individual has intentionally violated any statute or rule governing
the W-2 program on three separate occasions, a W-2 agency may permanently deny
the individual benefits under the W-2 program. Under this bill, a W-2 agency, an
entity administering Wisconsin Shares, or DCF is required deny an individual
benefits under the W-2 program or the emergency assistance program as follows:
1. For a first intentional program violation, for six months.
2. For a second intentional program violation, for one year.
3. For a third intentional program violation, permanently.
Under the bill, an intentional program violation is defined as making a false or
misleading statement, intentionally misrepresenting or withholding facts, or
committing any act that constitutes a violation of state or federal law for the purpose
of using, presenting, transferring, acquiring, receiving, possessing, or trafficking
public assistance benefits. The bill also specifies that DCF, a W-2 agency, or an entity
administering Wisconsin Shares determines whether an individual has committed
an intentional program violation for purposes of denying benefits.
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:
SB426, s. 1
49.001 (3m) of the statutes is created to read:
"Intentional program violation" means intentionally making a 3
false or misleading statement, intentionally misrepresenting or withholding facts, 4
or committing any act that constitutes a violation of state or federal law for the 5
purpose of using, presenting, transferring, acquiring, receiving, possessing, or 6
trafficking benefits under this chapter.
SB426, s. 2
49.151 (2) of the statutes is renumbered 49.151 (2) (a) (intro.) and 8
amended to read:
(a) (intro.) If a court finds or it is determined after an administrative
10hearing the department, a Wisconsin Works agency, or a county department or
11agency under contract under s. 49.155 (1m) determines
that an individual who is a
12member of a Wisconsin works group
applying for or receiving benefits under s. 49.138
ss. 49.141 to 49.161, for the purpose of establishing or maintaining eligibility for 14
those benefits or for the purpose of increasing the value of those benefits, has 15intentionally violated, on 3 separate occasions,
committed an intentional program
1violation related to
any provision in s. 49.138 or
ss. 49.141 to 49.161 or any rule 2
promulgated under those sections, the Wisconsin works
3permanently, the county department or agency under contract under 49.155 (1m), or
4the department shall
deny benefits under s. 49.138 or
ss. 49.141 to 49.161 to the 5
individual. as follows:
SB426, s. 3
49.151 (2) (a) 1., 2. and 3. and (b) of the statutes are created to read:
(a) 1. For a first intentional program violation, for 6 months.
2. For a 2nd intentional program violation, for one year.
3. For a 3rd intentional program violation, permanently.
(b) An individual who is denied benefits under par. (a) may request a review 11
of the denial following the procedure under s. 49.152 or, if the denial is based upon 12
a violation of s. 49.155, may request a contested case hearing under ch. 227 by filing 13
a request for a hearing with the department within 30 days after the date of the 14
(1) Intentional program violations.
The renumbering and amendment of 17
section 49.151 (2) of the statutes and the creation of section 49.151 (2) (a) 1., 2., and 18
3. and (b) of the statutes first apply to acts or omissions that occur on the effective 19
date of this subsection.
This act takes effect on the first day of the 7th month beginning after 22