AB40, s. 1385 23Section 1385. 49.162 of the statutes, as affected by 2009 Wisconsin Act 333,
24is repealed.
AB40, s. 1386 25Section 1386. 49.165 (2) (c) (intro.) of the statutes is amended to read:
AB40,645,8
149.165 (2) (c) (intro.) No grant may be made to an organization which provides
2or will provide shelter facilities unless the department of commerce safety and
3professional services
determines that the physical plant of the facility will not be
4dangerous to the health or safety of the residents when the facility is in operation.
5No grant may be given to an organization which provides or will provide shelter
6facilities or private home shelter care unless the organization ensures that the
7following services will be provided either by that organization or by another
8organization, person or agency:
AB40, s. 1387 9Section 1387. 49.173 (3) (a) 2. of the statutes is amended to read:
AB40,645,1110 49.173 (3) (a) 2. Food stamp Supplemental nutrition assistance employment
11and training.
AB40, s. 1388 12Section 1388. 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin
13Act 28
, section 1227, is amended to read:
AB40,645,1714 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within
15the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (ed), (k), (kx), (L),
16(mc), (md), (me), (mf), and (s), the department shall allocate the following amounts
17for the following purposes:
AB40, s. 1389 18Section 1389. 49.175 (1) (a) of the statutes is amended to read:
AB40,645,2119 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits,
20$49,139,400 $78,787,800 in fiscal year 2009-10 2011-12 and $51,229,600
21$61,779,400 in fiscal year 2010-11 2012-13.
AB40, s. 1390 22Section 1390. 49.175 (1) (b) of the statutes is amended to read:
AB40,646,223 49.175 (1) (b) Wisconsin Works administration. For administration of
24Wisconsin Works performed under contracts under s. 49.143, $8,247,000

1$11,830,800 in fiscal year 2009-10 2011-12 and $8,247,000 $11,117,100 in fiscal year
22010-11 2012-13.
AB40, s. 1391 3Section 1391. 49.175 (1) (f) of the statutes is amended to read:
AB40,646,74 49.175 (1) (f) Wisconsin Works ancillary services. For program services under
5Wisconsin Works provided under contracts under s. 49.143, $38,471,500 $54,846,300
6in fiscal year 2009-10 2011-12 and $35,471,500 $45,637,000 in fiscal year 2010-11
72012-13.
AB40, s. 1392 8Section 1392. 49.175 (1) (g) of the statutes is amended to read:
AB40,646,129 49.175 (1) (g) State administration of public assistance programs and costs of
10overpayment collections.
For state administration of public assistance programs and
11costs associated with the collection of public assistance overpayments, $16,985,900
12in fiscal year 2009-10 and $17,091,700
$12,322,400 in each fiscal year 2010-11.
AB40, s. 1393 13Section 1393. 49.175 (1) (i) of the statutes is amended to read:
AB40,646,1714 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138,
15$6,500,000
and for transfer to the department of administration for low-income
16energy or weatherization assistance programs, $6,200,000
in fiscal year 2009-10
172011-12 and $6,000,000 in fiscal year 2010-11 2012-13.
AB40, s. 1394 18Section 1394. 49.175 (1) (p) of the statutes is amended to read:
AB40,646,2119 49.175 (1) (p) Direct child care services. For direct child care services under s.
2049.155, $384,987,600 $290,042,500 in fiscal year 2009-10 2011-12 and $402,496,800
21$288,018,300 in fiscal year 2010-11 2012-13.
AB40, s. 1395 22Section 1395. 49.175 (1) (q) of the statutes is amended to read:
AB40,647,223 49.175 (1) (q) Child care state administration and child care licensing
24activities.
For administration of child care programs under s. 49.155 and the
25allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,534,700

1$21,061,700 in fiscal year 2009-10 2011-12 and $8,889,700 $21,143,400 in fiscal
2year 2010-11 2012-13.
AB40, s. 1396 3Section 1396. 49.175 (1) (qm) of the statutes is amended to read:
AB40,647,64 49.175 (1) (qm) Quality care for quality kids. For the child care quality
5improvement activities specified in s. 49.155 (1g), $5,384,600 $13,486,700 in fiscal
6year 2009-10 2011-12 and $5,384,600 $13,169,400 in fiscal year 2010-11 2012-13.
AB40, s. 1397 7Section 1397. 49.175 (1) (r) of the statutes is amended to read:
AB40,647,118 49.175 (1) (r) Children of recipients of supplemental security income. For
9payments made under s. 49.775 49.395 for the support of the dependent children of
10recipients of supplemental security income, $29,899,800 in fiscal year 2009-10 and
11$29,933,200
$31,232,200 in each fiscal year thereafter.
AB40, s. 1398 12Section 1398. 49.175 (1) (s) of the statutes is amended to read:
AB40,647,1613 49.175 (1) (s) Kinship care, long-term kinship care, and foster care assistance.
14For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n),
15and (3p) and for foster care for relatives under s. 48.62, $24,435,000 in fiscal year
162009-10 and $24,435,000
$21,375,800 in each fiscal year 2010-11.
AB40, s. 1399 17Section 1399. 49.175 (1) (v) of the statutes is created to read:
AB40,647,2018 49.175 (1) (v) Program improvement plan. For services provided under the
19child welfare program improvement plan developed under 45 CFR 1355.35, $680,400
20in fiscal year 2011-12 and $1,360,800 in each fiscal year thereafter.
AB40, s. 1400 21Section 1400. 49.175 (1) (zh) of the statutes is amended to read:
AB40,647,2522 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of
23moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation
24account under s. 20.835 (2) (kf) for the earned income tax credit, $6,664,200 in fiscal
25year 2009-10 and $6,664,200
$43,664,200 in each fiscal year 2010-2011.
AB40, s. 1401
1Section 1401. 49.19 (5) (d) of the statutes is amended to read:
AB40,648,42 49.19 (5) (d) The department shall reimburse the county for pay the funeral,
3burial, and cemetery expenses of a dependent child or the child's parents as provided
4in s. 49.785.
AB40, s. 1402 5Section 1402. 49.19 (19m) of the statutes is amended to read:
AB40,648,76 49.19 (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this
7section for a child on whose behalf a payment is made under s. 49.775 49.395.
AB40, s. 1403 8Section 1403. 49.197 (1m) of the statutes is amended to read:
AB40,649,39 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2)
10(dz), (kx), (L), (mc), (md), (me), and (nL), the department shall establish a program
11to investigate suspected fraudulent activity on the part of recipients of aid to families
12with dependent children under s. 49.19, supplemental security income payments
13under s. 49.77, 2009 stats., or s. 49.39, and payments for the support of children of
14supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395,

15on the part of participants in the Wisconsin Works program under ss. 49.141 to
1649.161, and, if the department of health services contracts with the department
17under sub. (5), on the part of recipients of medical assistance under subch. IV, food
18stamp benefits under the food stamp program under 7 USC 2011 to 2036,
19supplemental security income payments under s. 49.77, payments for the support of
20children of supplemental security income recipients under s. 49.775,
and health care
21benefits under the Badger Care health care program under s. 49.665. The
22department's activities under this subsection may include, but are not limited to,
23comparisons of information provided to the department by an applicant and
24information provided by the applicant to other federal, state, and local agencies,
25development of an advisory welfare investigation prosecution standard, and

1provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to
2Wisconsin Works agencies to encourage activities to detect fraud. The department
3shall cooperate with district attorneys regarding fraud prosecutions.
AB40, s. 1404 4Section 1404 . 49.197 (1m) of the statutes, as affected by 2011 Wisconsin Act
5.... (this act), is amended to read:
AB40,649,256 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2)
7(dz), (kx), (L), (mc), (md), (me), and (nL), the department shall establish a program
8to investigate suspected fraudulent activity on the part of recipients of aid to families
9with dependent children under s. 49.19, on the part of recipients of benefits under
10the supplemental nutrition assistance program under 7 USC 2011 to 2036,
11supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, and
12payments for the support of children of supplemental security income recipients
13under s. 49.775, 2009 stats., or s. 49.395, on the part of participants in the Wisconsin
14Works program under ss. 49.141 to 49.161, and, if the department of health services
15contracts with the department under sub. (5), on the part of recipients of medical
16assistance under subch. IV, food stamp benefits under the food stamp program under
177 USC 2011 to 2036,
and health care benefits under the Badger Care health care
18program under s. 49.665. The department's activities under this subsection may
19include, but are not limited to, comparisons of information provided to the
20department by an applicant and information provided by the applicant to other
21federal, state, and local agencies, development of an advisory welfare investigation
22prosecution standard, and provision of funds to county departments under ss.
2346.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to
24detect fraud. The department shall cooperate with district attorneys regarding
25fraud prosecutions.
AB40, s. 1405
1Section 1405. 49.197 (2) (cm) of the statutes is amended to read:
AB40,650,72 49.197 (2) (cm) Any amounts recovered with respect to the child care subsidy
3program under s. 49.155 by a county department in a county having a population of
4500,000 or more as a result of a program under par. (b) or due to the efforts of an
5employee of such a county who is supervised by the department or the department
6of health services under s. 49.825
shall be credited to the appropriation account
7under s. 20.437 (2) (me).
AB40, s. 1406 8Section 1406. 49.197 (3) of the statutes is amended to read:
AB40,650,189 49.197 (3) State error reduction activities. The department shall conduct
10activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161,
11the supplemental security income payments program under s. 49.39, the program
12providing payments for the support of children of supplemental security income
13recipients under s. 49.395,
and, if the department of health services contracts with
14the department under sub. (5), the Medical Assistance program under subch. IV, the
15food stamp program under 7 USC 2011 to 2036, the supplemental security income
16payments program under s. 49.77, the program providing payments for the support
17of children of supplemental security income recipients under s. 49.775,
and the
18Badger Care health care program under s. 49.665.
AB40, s. 1407 19Section 1407 . 49.197 (3) of the statutes, as affected by 2011 Wisconsin Act ....
20(this act), is amended to read:
AB40,651,421 49.197 (3) State error reduction activities. The department shall conduct
22activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161,
23the supplemental nutrition assistance program under 7 USC 2011 to 2036, the
24supplemental security income payments program under s. 49.39, and the program
25providing payments for the support of children of supplemental security income

1recipients under s. 49.395, and, if the department of health services contracts with
2the department under sub. (5), the Medical Assistance program under subch. IV, the
3food stamp program under 7 USC 2011 to 2036,
and the Badger Care health care
4program under s. 49.665.
AB40, s. 1408 5Section 1408. 49.197 (4) of the statutes is amended to read:
AB40,651,156 49.197 (4) County and tribal error reduction. If the department of health
7services contracts with the department under sub. (5), the department shall provide
8funds from the appropriation under s. 20.437 (2) (kx) to counties and governing
9bodies of federally recognized American Indian tribes administering Medical
10Assistance under subch. IV, the food stamp program under 7 USC 2011 to 2036, the
11supplemental security income payments program under s. 49.77, the program
12providing payments for the support of children of supplemental security income
13recipients under s. 49.775,
and the Badger Care health care program under s. 49.665,
14as applicable,
to offset administrative costs of reducing payment errors in those
15programs.
AB40, s. 1409 16Section 1409 . 49.197 (4) of the statutes, as affected by 2011 Wisconsin Act ....
17(this act), is amended to read:
AB40,651,2418 49.197 (4) County and tribal error reduction. If the department of health
19services contracts with the department under sub. (5), the department shall provide
20funds from the appropriation under s. 20.437 (2) (kx) to counties and governing
21bodies of federally recognized American Indian tribes administering Medical
22Assistance under subch. IV, the food stamp program under 7 USC 2011 to 2036, and
23the Badger Care health care program under s. 49.665, as applicable, to offset
24administrative costs of reducing payment errors in those programs.
AB40, s. 1410 25Section 1410. 49.197 (5) of the statutes is amended to read:
AB40,652,14
149.197 (5) Contracts for medical assistance, and food stamps, supplemental
2security income, and caretaker supplement
. Notwithstanding s. 49.845 (1) and (2),
3the department of health services may contract with the department to investigate
4suspected fraudulent activity on the part of recipients of medical assistance under
5subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to
62036, supplemental security income payments under s. 49.77, payments for the
7support of children of supplemental security income recipients under s. 49.775,
and
8health care benefits under the Badger Care health care program under s. 49.665 and
9to conduct activities to reduce payment errors in the Medical Assistance program
10under subch. IV, the food stamp program under 7 USC 2011 to 2036, the
11supplemental security income payments program under s. 49.77, the program
12providing payments for the support of children of supplemental security income
13recipients under s. 49.775,
and the Badger Care health care program under s. 49.665,
14as provided in this section.
AB40, s. 1411 15Section 1411 . 49.197 (5) of the statutes, as affected by 2011 Wisconsin Act ....
16(this act), is amended to read:
AB40,652,2517 49.197 (5) Contracts for medical assistance and food stamps.
18Notwithstanding s. 49.845 (1) and (2), the department of health services may
19contract with the department to investigate suspected fraudulent activity on the
20part of recipients of medical assistance under subch. IV, food stamp benefits under
21the food stamp program under 7 USC 2011 to 2036,
and health care benefits under
22the Badger Care health care program under s. 49.665 and to conduct activities to
23reduce payment errors in the Medical Assistance program under subch. IV, the food
24stamp program under 7 USC 2011 to 2036,
and the Badger Care health care program
25under s. 49.665, as provided in this section.
AB40, s. 1412
1Section 1412. 49.22 (6) of the statutes is amended to read:
AB40,653,102 49.22 (6) The department shall establish, pursuant to federal and state laws,
3rules and regulations, a uniform system of fees for services provided under this
4section to individuals not receiving aid under s. 48.645, 49.19, 49.47, or 49.471;
5benefits under s. 49.148, 49.155, or 49.79 49.37; foster care maintenance payments
6under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or
7long-term kinship care payments under s. 48.57 (3n). The system of fees may take
8into account an individual's ability to pay. Any fee paid and collected under this
9subsection may be retained by the county providing the service except for the fee
10specified in 42 USC 653 (e) (2) for federal parent locator services.
AB40, s. 1413 11Section 1413. 49.26 (1) (g) 12. of the statutes is repealed.
AB40, s. 1414 12Section 1414. 49.26 (1) (gm) 1. c. of the statutes is amended to read:
AB40,653,1513 49.26 (1) (gm) 1. c. Dropouts, as defined in s. 118.153 (1) (b) 115.001 (2m),
14including individuals who were dropouts and reenrolled in school in the same or
15immediately succeeding semester in which they dropped out of school.
AB40, s. 1415 16Section 1415. 49.265 (4) (a) of the statutes is amended to read:
AB40,653,1917 49.265 (4) (a) The department shall distribute the federal community services
18block grant funds received under 42 USC 9903 and deposited in credited to the
19appropriations appropriation account under s. 20.437 (1) (mc) and (md) (2) (mg).
AB40, s. 1416 20Section 1416. 49.32 (7) (b) of the statutes is amended to read:
AB40,654,421 49.32 (7) (b) The department shall conduct a program to periodically match the
22records of recipients of aid to families with dependent children under s. 49.19 and
23recipients of benefits under the supplemental nutrition assistance program under 7
24USC 2011
to 2036
and, if the department of health services contracts with the
25department under s. 49.197 (5), recipients of medical assistance under subch. IV and

1food stamp benefits under the food stamp program under 7 USC 2011 to 2036
with
2the records of recipients under those programs in other states. If an agreement with
3the other states can be obtained, matches with records of states contiguous to this
4state shall be conducted at least annually.
AB40, s. 1417 5Section 1417. 49.32 (7) (c) of the statutes is amended to read:
AB40,654,136 49.32 (7) (c) The department shall conduct a program to periodically match
7review the address records of recipients of aid to families with dependent children
8under s. 49.19 and recipients of benefits under the supplemental nutrition assistance
9program under 7 USC 2011 to 2036
and, if the department of health services
10contracts with the department under s. 49.197 (5), recipients of medical assistance
11under subch. IV and food stamp benefits under the food stamp program under 7 USC
122011
to 2036
to verify residency and to identify recipients receiving duplicate or
13fraudulent payments.
AB40, s. 1418 14Section 1418. 49.32 (7) (d) of the statutes is amended to read:
AB40,654,2315 49.32 (7) (d) The department, with assistance from the department of
16corrections, shall conduct a program to periodically match the records of persons
17confined in state correctional facilities with the records of recipients of aid to families
18with dependent children under s. 49.19 and benefits under the supplemental
19nutrition assistance program under 7 USC 2011 to 2036
and, if the department of
20health services contracts with the department under s. 49.197 (5), recipients of
21medical assistance under subch. IV and food stamp benefits under the food stamp
22program under 7 USC 2011 to 2036
to identify recipients who may be ineligible for
23benefits.
AB40, s. 1419 24Section 1419. 49.32 (10) (a) (intro.) of the statutes is amended to read:
AB40,655,6
149.32 (10) (a) (intro.) Each county department under s. 46.215, 46.22, or 46.23
2may release the current address of a recipient of food stamps supplemental nutrition
3assistance program benefits under s. 49.37
or of aid under s. 49.19, and each
4Wisconsin works agency may release the current address of a participant in
5Wisconsin works under ss. 49.141 to 49.161, to a law enforcement officer if the officer
6meets all of the following conditions:
AB40, s. 1420 7Section 1420. 49.35 (1) (bm) of the statutes is amended to read:
AB40,655,188 49.35 (1) (bm) All records of the department relating to aid provided under s.
949.19 or 49.39 are open to inspection at reasonable hours by members of the
10legislature who require the information contained in the records in pursuit of a
11specific state legislative purpose. All records of any county relating to aid provided
12under s. 49.19 or 49.39 are open to inspection at reasonable hours by members of the
13board of supervisors of the county or the governing body of a city, village or town
14located in the county who require the information contained in the records in pursuit
15of a specific county or municipal legislative purpose. The right to records access
16provided by this paragraph does not apply if access is prohibited by federal law or
17regulation or if this state is required to prohibit such access as a condition precedent
18to participation in a federal program in which this state participates.
AB40, s. 1421 19Section 1421. 49.37 (1m) of the statutes is created to read:
AB40,655,2320 49.37 (1m) Administration by department. The department shall administer,
21and may enter into contracts for the administration of, the supplemental nutrition
22assistance program in this state. Administration of the supplemental nutrition
23assistance program includes all of the following:
AB40,655,2424 (a) Receiving applications.
AB40,655,2525 (b) Determining eligibility.
AB40,656,1
1(c) Conducting fraud investigation and fraud prevention activities.
AB40,656,22 (d) Implementing error reduction procedures.
AB40,656,33 (e) Recovering overpayments of benefits.
AB40, s. 1422 4Section 1422. 49.43 (1e) of the statutes is amended to read:
AB40,656,105 49.43 (1e) "Accommodated person" means any person in a hospital or in a
6skilled nursing facility or intermediate care facility, as defined in Title XIX of the
7social security act, who would have been eligible for benefits under s. 49.19 or 49.77
849.39 or federal Title XVI if the person were not in such a hospital or facility, and any
9person in such an institution who can be found eligible for Title XIX under the social
10security act.
AB40, s. 1423 11Section 1423. 49.45 (2) (a) 3. of the statutes is amended to read:
AB40,656,1612 49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance,
13rehabilitative, and social services under ss. 49.46, 49.468, 49.47, and 49.471 and
14rules and policies adopted by the department and may, under a contract under s.
1549.78 (2), delegate all, or any portion, of this function to the county department under
16s. 46.215, 46.22, or 46.23 or
a tribal governing body.
AB40, s. 1424 17Section 1424. 49.45 (3) (a) of the statutes is amended to read:
AB40,656,2218 49.45 (3) (a) Reimbursement shall be made to each county department under
19ss. 46.215, 46.22, and 46.23 for any administrative services performed in the Medical
20Assistance program on the basis of s. 49.78 (8). For purposes of reimbursement
21under this paragraph,
assessments completed under s. 46.27 (6) (a) are
22administrative services performed in the Medical Assistance program
.
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