SB400: Bill Text

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 Section 1. 5.05 (5s) (c) of the statutes is amended to read:

SB400,8,5 5.05 (5s) (c) The board shall provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 49.811 (2m) by the department of children and families or by a county child support agency under s. 59.53 (5).

SB400, s. 2 Section 2. 6.47 (1) (ag) of the statutes is amended to read:

SB400,8,10 6.47 (1) (ag) "Domestic abuse victim service provider" means an organization that is certified by the department of children and families as eligible to receive grants under s. 49.165 49.217 (2) and whose name is included on the list provided by the board under s. 7.08 (10).

SB400, s. 3 Section 3. 7.08 (10) of the statutes is amended to read:

SB400,8,15 7.08 (10) Domestic abuse and sexual assault service providers. Provide to each municipal clerk, on a continuous basis, the names and addresses of organizations that are certified under s. 49.165 49.217 (4) or 165.93 (4) to provide services to victims of domestic abuse or sexual assault.

SB400, s. 4 Section 4. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB400,9,13 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council, or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, and the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district, and a long-term care district under s. 46.2895; every Wisconsin works Works agency under subch. III II of ch. 49; every provider of medical assistance Medical Assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB400, s. 5 Section 5. 13.94 (4) (b) of the statutes is amended to read:

SB400,9,21 13.94 (4) (b) In performing audits of long-term care districts under s. 46.2895, Wisconsin works Works agencies under subch. III II of ch. 49, providers of medical assistance Medical Assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement, or other handling of appropriations made by state law.

SB400, s. 6 Section 6. 16.009 (2) (j) of the statutes is amended to read:

SB400,9,25 16.009 (2) (j) Provide information and counseling to consumers regarding insurance policies available to supplement federal medicare insurance coverage, including long-term care insurance, and the eligibility requirements for medical assistance Medical Assistance under s. 49.46 (1) (1g), 49.468 or 49.47 (4). To implement this responsibility, the board shall provide training, educational materials, and technical assistance to volunteer organizations and private businesses that are willing and able to provide insurance and medical assistance Medical Assistance eligibility information and counseling, in order that these organizations and businesses may provide the information and counseling to consumers.

SB400, s. 7 Section 7. 16.27 (5) (c) and (e) of the statutes are amended to read:

SB400,10,12 16.27 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps supplemental nutrition assistance program benefits under 7 USC 2011 to 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77.

SB400,10,18 (e) A household that is not eligible under par. (c) that includes at least one person who is eligible for food stamps supplemental nutrition assistance program benefits under 7 USC 2011 to 2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1.

SB400, s. 8 Section 8. 19.55 (2) (d) of the statutes is amended to read:

SB400,10,24 19.55 (2) (d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s. 13.63 or who registers as a principal under s. 13.64, except to the department of children and families for purposes of administration of s. 49.22 49.811 or to the department of revenue for purposes of administration of s. 73.0301.

SB400, s. 9 Section 9. 20.435 (4) (bm) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,11,21 20.435 (4) (bm) Medical Assistance, food stamps supplemental nutrition assistance program, and Badger Care administration; contract costs, insurer reports, and resource centers. Biennially, the amounts in the schedule to provide a portion of the state share of administrative contract costs for the Medical Assistance program under subch. IV of ch. 49 and the Badger Care health care program under s. 49.665 and to provide the state share of administrative costs for the food stamp supplemental nutrition assistance program under s. 49.79, other than payments under s. 49.78 49.003 (8), to develop and implement a registry of recipient immunizations, to reimburse 3rd parties for their costs under s. 49.475, for costs associated with outreach activities, for state administration of state supplemental grants to supplemental security income recipients under s. 49.77, to administer the pharmacy benefits purchasing pool under s. 146.45, and for services of resource centers under s. 46.283. No state positions may be funded in the department of health services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the Medical Assistance program between the subunit of the department primarily responsible for administering the Medical Assistance program and another subunit of the department. Total administrative funding authorized for the program under s. 49.665 may not exceed 10% of the amounts budgeted under pars. (p) and (x).

SB400, s. 10 Section 10. 20.435 (4) (bn) of the statutes, as affected by 2011 Wisconsin Act 32, section 640m, is amended to read:

SB400,12,6 20.435 (4) (bn) Income maintenance. Biennially, the amounts in the schedule for the administration of the food stamp supplemental nutrition assistance employment and training program under s. 49.79 (9), for the performance of income maintenance administrative activities on behalf of a county or multicounty consortium under s. 49.78 49.003 (1m) (c), and for payments under s. 49.78 49.003 (8) relating to the administration of the Medical Assistance program under subch. IV of ch. 49, the Badger Care health care program under s. 49.665, and the food stamp supplemental nutrition assistance program.

SB400, s. 11 Section 11. 20.435 (4) (gr) of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

SB400,12,11 20.435 (4) (gr) Income maintenance; county payments. All moneys received from counties under s. 49.78 49.003 (1m) (d) for administering income maintenance program under s. 49.78 49.003 (1m) (c).

SB400, s. 12 Section 12. 20.435 (4) (im), (kb) and (L) of the statutes are amended to read:

SB400,12,24 20.435 (4) (im) Medical assistance Assistance; correct payment recovery; collections; other recoveries. All moneys received from the recovery of correct medical assistance Medical Assistance payments under ss. 49.496 and 867.035 and rules promulgated under s. 46.286 (7), all moneys received as collections and other recoveries from providers, drug manufacturers, and other 3rd parties under medical assistance Medical Assistance performance-based contracts, and all moneys credited to this appropriation account under s. 49.89 49.037 (7) (f), for payments to counties and tribal governing bodies under s. 49.496 (4) (a), for payment of claims under s. 867.035 (3), for payments to the federal government for its share of medical assistance Medical Assistance benefits recovered, for the state share of medical assistance Medical Assistance benefits provided under subch. IV of ch. 49, and for costs related to collections and other recoveries.

SB400,13,6 (kb) Relief block grants to tribal governing bodies. The amounts in the schedule for relief block grants under s. 49.029 49.806 to tribal governing bodies. All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 18. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

SB400,13,18 (L) Fraud and error reduction. All moneys received as the state's share of the recovery of overpayments and incorrect payments under ss. 49.021, 49.497 (1) and (1m), and 49.793 (2) (a), and 49.847, all moneys received from counties and tribal governing bodies as a result of any error reduction activities under ss. 49.019 and 49.197 and 49.845, and all moneys credited to this appropriation account under ss. 49.021 (3) (b), 49.497 (2) (b), and 49.793 (2) (b), and 49.847 (3) (b), for any contracts under s. 49.197 (5), for any activities to reduce error and fraud under s. 49.845 49.019, to pay federal sanctions under the food stamp supplemental nutrition assistance program, and for food stamp supplemental nutrition assistance program reinvestment activities under reinvestment agreements with the federal department of agriculture that are designed to improve the food stamp supplemental nutrition assistance program.

SB400, s. 13 Section 13. 20.435 (4) (nn) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,14,2 20.435 (4) (nn) Federal aid; income maintenance. All moneys received from the federal government for the costs of contracting for the administration of the Medical Assistance program under subch. IV of ch. 49 and the Badger Care health care program under s. 49.665 and the food stamp supplemental assistance nutrition program, other than moneys received under par. (pa), for costs to administer income maintenance programs, as defined in s. 49.78 49.003 (1) (b).

SB400, s. 14 Section 14. 20.437 (1) (b), (cd), (gg) and (hh) of the statutes are amended to read:

SB400,14,21 20.437 (1) (b) Children and family aids payments. The amounts in the schedule for services for children and families under s. 48.563, for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22, and for foster care and subsidized guardianship care under ss. 48.645 and 49.19 (10). Social services disbursements under s. 49.32 49.06 (2) (b) may be made from this appropriation. Refunds received relating to payments made under s. 49.32 49.06 (2) (b) for the provision of services for which moneys are appropriated under this paragraph shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer funds between fiscal years under this paragraph. The department shall deposit into this appropriation funds it recovers under s. 48.569 (2) (b), from prior fiscal year audit adjustments. Except for amounts authorized to be carried forward under s. 48.565, all funds recovered under s. 48.569 (2) (b) and all funds allocated under s. 48.563 and not spent or encumbered by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year by the joint committee on finance.

SB400,15,2 (cd) Domestic abuse grants. The amounts in the schedule for the purposes of s. 49.165 49.217. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds allocated by the department under s. 49.165 49.217 (2) but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

SB400,15,5 (gg) Collection remittances to local units of government. All moneys received under ss. 49.32 49.06 (1) and 49.345 for the purposes of remitting departmental collections under s. 49.32 49.06 (1) (g) or 49.345 (8) (g).

SB400,15,8 (hh) Domestic abuse surcharge grants. All moneys received from the domestic abuse surcharge on court fines, as authorized under s. 971.37 (1m) (c) 1. or 973.055, to provide grants to domestic abuse services organizations under s. 49.165 49.217.

SB400, s. 15 Section 15. 20.437 (1) (o) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,15,18 20.437 (1) (o) Federal aid; children and family aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b) and all federal moneys received as child welfare funds under 42 USC 620 to 626 for projects and services as limited under s. 48.985. Disbursements from this appropriation may be made directly to counties for services to children and families under s. 49.32 49.06 (2) (b) or 49.325 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

SB400, s. 16 Section 16. 20.437 (1) (pd) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,16,6 20.437 (1) (pd) Federal aid; state foster care, guardianship, and adoption services. All federal moneys received for meeting the costs of providing foster care, institutional child care, and subsidized adoptions under ss. 48.48 (12) and 48.52, the cost of care for children under s. 49.19 (10) (d), the cost of subsidized guardianship payments under s. 48.623 (1) or (6), the cost of providing, or contracting with private adoption agencies to assist the department in providing, services to children with special needs who are under the guardianship of the department to prepare those children for adoption, and the cost of providing postadoption services to children with special needs who have been adopted. Disbursements for foster care under s. 49.32 49.06 (2) and for the purposes described under s. 48.627 may be made from this appropriation.

SB400, s. 17 Section 17. 20.437 (2) (a), (bc), (dz), (e), (ja), (jL), (k), (L), (n), (nL) and (qm) of the statutes are amended to read:

SB400,16,17 20.437 (2) (a) General program operations. The amounts in the schedule for general program operations relating to economic support, including field services, administrative services, and services related to identifying maintenance-of-effort funds, for costs associated with receiving and disbursing support and support-related payments, including any contract costs, and for administering the program under s. 49.22 49.811 and all other purposes specified in s. 49.22 49.811. No moneys may be expended under this paragraph for the program under, or any other purpose specified in, s. 49.22 49.811 unless moneys appropriated under par. (ja) are insufficient for the purposes specified under that paragraph.

SB400,16,23 (bc) Child support local assistance. As a continuing appropriation, the amounts in the schedule to be distributed as child support incentive payments as provided in s. 49.24 49.821 (1) (a). If federal legislation provides for the matching of federal funds for federal child support incentive payments at a rate of 66 percent or more, no moneys may be encumbered under or expended from this appropriation while the federal legislation is in effect.

SB400,17,16 (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26 49.198, and the work experience program for noncustodial parents under s. 49.36 49.163; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 49.019 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

SB400,17,18 (e) Incentive payments for identifying children with health insurance. The amounts in the schedule for incentive payments under s. 49.25 49.823.

SB400,18,4 (ja) Child support state operations — fees and reimbursements. All moneys received from fees charged under s. 49.22 49.811 (8), from fees ordered or otherwise owed under s. 767.57 (1e) (a), from fees collected under ss. 49.854 (11) (b) and 767.57 (1e) (b) 1m. and (c), from reimbursements under s. 108.13 (4) (f), from fees charged and incentive payments and collections retained under s. 49.22 49.811 (7m), and under s. 49.855 (4) from the department of revenue or the department of administration that were withheld by the department of revenue or the internal revenue service for unpaid fees ordered or otherwise owed under s. 767.57 (1e) (a), for costs associated with receiving and disbursing support and support-related payments, including any contract costs, and for administering the program under s. 49.22 49.811 and all other purposes specified in s. 49.22 49.811.

SB400,18,9 (jL) Job access loan repayments. All moneys received from repayments of loans made under s. 49.147 (6), and from the department of revenue under s. 71.93 for delinquent job access loan repayments certified under s. 49.85 49.023, for making loans under s. 49.147 (6) and for administrative costs associated with collecting delinquent job access loan repayments.

SB400,18,18 (k) Child support transfers. All moneys transferred from the appropriation account under par. (r), to be expended under the Wisconsin Works program under subch. III II of ch. 49 and under the work experience program for noncustodial parents under s. 49.36 49.163, to be distributed as child support incentive payments as provided in s. 49.24 49.821, for costs associated with receiving and disbursing support and support-related payments, including any contract costs, for administering the program under s. 49.22 49.811 and all other purposes specified in s. 49.22 49.811, and for the support of dependent children in accordance with applicable federal and state statutes, federal regulations, and state rules.

SB400,19,2 (L) Public assistance overpayment recovery, fraud investigation, and error reduction. All moneys received as the state's share of the recovery of overpayments and incorrect payments under s. 49.191 (3) (c), 1997 stats., and s. 49.195, 1997 stats., for any contracts under s. 49.845 49.019 (4), for any activities under s. 49.197 (1m) to investigate fraud relating to the Aid to Families with Dependent Children program and the Wisconsin Works program, for any activities under s. 49.197 (3) to reduce payment errors in the Wisconsin Works program, and for costs associated with collection of public assistance overpayments.

SB400,19,9 (n) Child support state operations; federal funds. All federal child support incentive payments retained under s. 49.24 49.821 (2) (c), and all other moneys received from the federal government for activities related to child support, including federal funds for any purpose under s. 49.22 49.811 or 49.227 49.819 and for the federal share of any costs associated with receiving and disbursing support and support-related payments, and for the state administration of those activities, to be expended for such purposes.

SB400,19,13 (nL) Child support local assistance; federal funds. All moneys received from the federal government or any of its agencies for continuing programs, except for federal child support incentive payments retained by the department under s. 49.24 49.821 (2) (c), to be expended as local assistance for the purposes specified.

SB400,19,19 (qm) Child support state operations and reimbursement for claims and expenses; unclaimed payments. From the support collections trust fund, a sum sufficient equal to the amounts credited under s. 20.912 (1) to the support collections trust fund and the amounts not distributable under par. (r) for administering the program under s. 49.22 49.811 and all other purposes specified in s. 49.22 49.811 and for reimbursing the state treasurer under s. 177.265.

SB400, s. 18 Section 18. 20.437 (2) (s) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,19,24 20.437 (2) (s) Economic support — public benefits. From the utility public benefits fund, the amounts in the schedule for the Wisconsin Works program under subch. III II of ch. 49 and for any of the purposes under s. 49.175 (1).

SB400, s. 19 Section 19. 20.545 (1) (i) of the statutes is amended to read:

SB400,20,5 20.545 (1) (i) Services to nonstate governmental units. The amounts in the schedule for the purpose of funding personnel services to nonstate governmental units under s. 230.05 (8), including services provided under ss. 49.78 49.003 (5) and 59.26 (8) (a). All moneys received from the sale of these services shall be credited to this appropriation account.

SB400, s. 20 Section 20. 29.024 (2g) (c) of the statutes is amended to read:

SB400,20,10 29.024 (2g) (c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under par. (a) to any person except to the department of children and families for the sole purpose of administering s. 49.22 49.811.

SB400, s. 21 Section 21. 29.229 (5m) (b) of the statutes is amended to read:

SB400,20,21 29.229 (5m) (b) The band is requested to enact tribal laws or ordinances that require each person who has a social security number, as a condition of being issued an approval under this section, to provide to the band his or her social security number, tribal laws or ordinances that require each person who does not have a social security number, as a condition of being issued an approval under this section, to provide to the band a statement made or subscribed under oath or affirmation on a form prescribed by the department of children and families that the person does not have a social security number, and tribal laws or ordinances that prohibit the disclosure of that number by the band to any other person except to the department of children and families for the purpose of administering s. 49.22 49.811.

SB400, s. 22 Section 22. 40.02 (25) (b) 2c. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,20,25 40.02 (25) (b) 2c. A state employee described in s. 49.825 49.009 (4) or (5) or 49.826 49.011 (4).

SB400, s. 23 Section 23. 40.22 (2) (m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,21,7 40.22 (2) (m) Notwithstanding sub. (3m), the employee was formerly employed by Milwaukee County, is a state employee described in s. 49.825 49.009 (4) or (5) or 49.826 49.011 (4), and is a covered employee under the retirement system established under chapter 201, laws of 1937, pursuant to s. 49.825 49.009 (4) (c) or (5) (c) or 49.826 49.011 (4) (c).

SB400, s. 24 Section 24. 40.62 (2) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB400,21,13 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 49.825 49.009 (4) (d) and (5) (d), 49.826 49.011 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

SB400, s. 25 Section 25. 46.03 (7) (bm), (18) (a) and (20) (a) of the statutes are amended to read:

SB400,21,25 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and statements acknowledging paternity under s. 69.15 (3) (b). The department may release those records and statements only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics, and statements acknowledging paternity shall be released without a court order to the department of children and families or a county child support agency under s. 59.53 (5) upon the request of that department or county child support agency pursuant to the program responsibilities under s. 49.22 49.811 or to any other person with a direct and tangible interest in the statement.

SB400,22,9 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased by the department, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided under ch. 48 and subch. ss. 49.811 to 49.823, subchs. II and III of ch. 49, and ch. 48; services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees that it collects under this program to cover the cost of those services.

SB400,22,16 (20) (a) Except for payments provided under ch. 48 or subch. ss. 49.811 to 49.823, subchs. II and III of ch. 49, and ch. 48, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under ch. 48 or subch. ss. 49.811 to 49.823, subchs. II and III of ch. 49, and ch. 48, the department may charge the counties for the cost of operating public assistance systems which make such payments.

SB400, s. 26 Section 26. 46.036 (1) of the statutes is amended to read:

SB400,23,2 46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, except as provided under subch. III of ch. 49 and s. ss. 49.811 to 49.823 and 301.08 (2) and subchs. II and III of ch. 49, shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.