SB400, s. 70
9Section
70
. 49.001 (4m) and (7m) of the statutes are created to read:
SB400,47,1410
49.001
(4m) "Intentional program violation" means intentionally making a
11false or misleading statement, intentionally misrepresenting or withholding facts,
12or committing any act that constitutes a violation of state or federal law for the
13purpose of using, presenting, transferring, acquiring, receiving, possessing, or
14trafficking benefits under this chapter.
SB400,47,16
15(7m) "Tribal governing body" means an elected tribal governing body of a
16federally recognized American Indian tribe or band.
Note: Creates a definition for "intentional program violation" and creates a single
definition of "tribal governing body" for ch. 49, stats.
SB400, s. 71
17Section
71. 49.001 (5m) of the statutes is renumbered 49.79 (1) (em).
Note: Renumbers a definition for the term "prisoner", which only appears in
provisions related to the supplemental nutrition assistance program.
SB400,48,3
149.001
(5p) "Relief block grant" means a block grant awarded to a county or
2tribal governing body under s. 49.025, 2009 stats., s. 49.027, 2009 stats., or s.
49.029
349.806.
SB400, s. 73
4Section
73. 49.003 (1) (am) of the statutes is created to read:
SB400,48,55
49.003
(1) (am) "Department" means the department of health services.
SB400, s. 74
6Section
74. 49.006 of the statutes is created to read:
SB400,48,13
749.006 Affirmation of statements in applications. (1) A person who
8makes a statement in a written application for any aid or benefit provided under this
9chapter shall be considered to have made an admission as to the existence,
10correctness, or validity of any fact stated. Such a statement shall be considered to
11be prima facie evidence against the person making it in any complaint, information,
12or indictment, or in any action brought for enforcement of any provision of this
13chapter.
SB400,48,18
14(2) An employee of a county department, a Wisconsin Works agency, the
15department of health services, or the department of children and families who
16accepts an application for any aid or benefit under this chapter shall have the
17authority to administer an oath to the applicant that the information given is true
18and correct to the best of the applicant's knowledge.
SB400,48,22
19(3) The department of children and families and the department of health
20services shall promulgate rules requiring information provided by an applicant for
21any aid or benefit under this chapter to be sworn to or otherwise affirmed as being
22true and correct to the best of the applicant's knowledge.
Note: Provides that a statement made in a written application for any aid or
benefit under ch. 49, stats., is considered to be an admission as to the existence,
correctness, or validity of any fact stated. In addition, proposed s. 49.006 (2) provides that
an employee who accepts an application for aid or a benefit has the authority to
administer an oath to the applicant. Finally, proposed s. 49.006 (3) requires DCF and
DHS to promulgate rules requiring statements on aid and benefit applications to be
sworn to or otherwise affirmed to be true and correct.
SB400, s. 75
1Section
75. 49.007 (3) of the statutes is created to read:
SB400,49,62
49.007
(3) Fraud prevention training. The department of health services, in
3consultation with the department of children and families, shall provide training to
4county and Wisconsin Works agency employees relating to fraud prevention and
5investigation, error reduction, and related activities. The department of health
6services shall promulgate rules specifying the frequency and content of the training.
Note: Requires DHS in consultation with DCF to provide training to agency
employees relating to fraud prevention and investigation and error reduction.
SB400, s. 76
7Section
76. 49.01 (intro.) of the statutes is renumbered 49.801 (intro.) and
8amended to read:
SB400,49,9
949.801 Definitions. (intro.) As used in
this subchapter ss. 49.801 to 49.808:
SB400, s. 77
10Section
77. 49.01 (1g), (2), (2g), (3) and (8L) of the statutes are renumbered
1149.801 (1g), (2), (2g), (3) and (8L), and 49.801 (2), as renumbered, is amended to read:
SB400,49,1312
49.801
(2) "Dependent person" means an individual who is eligible for relief
13under s.
49.015 49.802.
SB400, s. 78
14Section
78. 49.01 (1m) and (8p) of the statutes are repealed.
Note: Repeals definitions for the terms "department", and "tribal governing body".
The term "department" will be defined at the beginning of the subchapter. The term
"tribal governing body" is defined in proposed s. 49.001 (7m).
SB400, s. 80
17Section
80. 49.015 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3) (b) of the
18statutes are renumbered 49.802 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3)
19(b), and 49.802 (3) (b), as renumbered, is amended to read:
SB400,50,320
49.802
(3) (b) A relief agency may waive the requirement under sub. (2) or (2m)
21in case of unusual misfortune or hardship. Each waiver shall be reported to the
1department. The department may make a determination as to the appropriateness
2of the waiver under rules promulgated by the department under s.
49.02 49.803 (7m)
3(d).
SB400, s. 81
4Section
81. 49.015 (1) (a) and (c) and (3) (title) and (a) of the statutes, as
5affected by
2009 Wisconsin Act 28, are renumbered 49.802 (1) (a) and (c) and (3) (title)
6and (a), and 49.802 (1) (c), as renumbered, is amended to read:
SB400,50,87
49.802
(1) (c) The individual qualifies under written criteria of dependency
8under s.
49.02 49.803 (1) (b) established by the relief agency on that tax-free land.
SB400, s. 82
9Section
82. 49.017 (1c) of the statutes is created to read:
SB400,50,1010
49.017
(1c) In this section:
SB400,50,1111
(a) "Department" means the department of health services.
SB400,50,1212
(b) "Public assistance" means any aid or benefit under this chapter.
SB400, s. 83
13Section
83. 49.02 (title) and (5) to (11) of the statutes are renumbered 49.803
14(title) and (5) to (11), and 49.803 (7m) (b) and (d), as renumbered, are amended to
15read:
SB400,50,1716
49.803
(7m) (b) Procedures for appealing eligibility determinations under s.
1749.015 49.802. These procedures shall provide for notice, fair hearing and review.
SB400,50,1918
(d) Standards for a waiver of any eligibility requirement under s.
49.015 1949.802.
SB400, s. 85
22Section
85. 49.029 of the statutes is renumbered 49.806, and 49.806 (3), as
23renumbered, is amended to read:
SB400,51,324
49.806
(3) Use of relief block grant funds. A tribal governing body may use
25moneys received as a relief block grant only for the purpose of providing health care
1services to dependent persons. Notwithstanding s.
49.01 49.801 (2g), health care
2services may include treatment services for alcohol and other drug abuse and mental
3health services.
SB400, s. 86
4Section
86. Subchapter II (title) of chapter 49 [precedes 49.05] of the statutes
5is repealed and recreated to read:
SB400,51,77
Subchapter II
SB400,51,108
children and families; Wisconsin
9
works, aid to families, and child
10
care subsidy
SB400, s. 87
11Section
87. 49.08 of the statutes is renumbered 49.808 (2).
SB400, s. 88
12Section
88. 49.11 of the statutes is renumbered 49.05.
SB400, s. 89
13Section
89. 49.114 of the statutes is renumbered 49.066.
SB400, s. 90
14Section
90. 49.133 of the statutes is repealed.
Note: Repeals a provision relating to refusal to pay child care providers under
Wisconsin Shares because the same provisions are contained in s. 49.155 (7), stats.
SB400, s. 91
15Section
91. 49.134 of the statutes is renumbered 49.204.
SB400, s. 92
16Section
92. 49.136 (title), (1) (intro.), (ad), (am) and (g) to (n) and (2) to (7) of
17the statutes are renumbered 49.205 (title), (1) (intro.), (ad), (am) and (g) to (n) and
18(2) to (7).
SB400, s. 93
19Section
93. 49.136 (1) (b) of the statutes is repealed.
Note: Repeals a definition of "child care provider" that duplicates the definition
provided in s. 49.001 (1).
SB400, s. 94
20Section
94. 49.137 (title) of the statutes is renumbered 49.207 (title).
SB400, s. 95
21Section
95. 49.137 (1) (intro.) and (c) of the statutes are consolidated,
22renumbered 49.207 (1) and amended to read:
SB400,52,3
149.207
(1) Definitions. In this section
: (c) "Family, "family child care system"
2means a centralized administrative unit that offers technical assistance and support
3to a group of child care providers with the goal of improving child care services.
SB400, s. 96
4Section
96. 49.137 (1) (ab), (am), (bd) and (e) of the statutes are repealed.
Note: Repeals definitions for the terms "child care provider", "family child care
center", and "group child care center". The term "child care provider" is defined at the
beginning of the chapter, in s. 49.001 (1). The terms "family child care center" and "group
child care center" are not used in s. 49.137. In another section in which those terms do
appear (s. 49.136), separate definitions are provided.
SB400, s. 97
5Section
97. 49.137 (2) to (6) of the statutes are renumbered 49.207 (2) to (6).
SB400, s. 98
6Section
98. 49.1375 of the statutes is renumbered 49.209.
SB400, s. 99
7Section
99. 49.138 (4) (c) of the statutes is amended to read:
SB400,52,128
49.138
(4) (c) If the administering agency is a Wisconsin
works Works agency,
9the department may review the decision of the Wisconsin
works Works agency if,
10within
14 21 days after the date on which the certified copy of the decision of the
11Wisconsin
works Works agency is mailed, the applicant or participant petitions the
12department for a review of that decision.
Note: Changes the time period for departmental review of a Wisconsin Works
agency decision regarding emergency assistance from 14 days to 21 days to be consistent
with other reviews under the Wisconsin Works program.
SB400, s. 100
13Section
100. 49.138 (5) of the statutes is created to read:
SB400,52,1814
49.138
(5) (a) The department shall recover an overpayment of benefits paid
15under sub. (1m) from an individual who receives benefits under sub. (1m). The value
16of the benefit for recovery under this paragraph may not exceed the amount that the
17department paid in emergency assistance with respect to that particular recipient
18while the recipient was ineligible to receive emergency assistance.
SB400,53,319
(b) The department shall recover assistance paid under sub. (1m) to a person
20in the form of a voucher or other payment method for the purpose of providing
1housing or a service to a recipient of assistance under sub. (1m) in the amount of
2assistance paid by the voucher or other payment method that the person does not use
3as required by the department.
SB400,53,54
(c) The department shall promulgate rules establishing policies and
5procedures for administering this subsection.
Note: Requires DCF to recover overpayments of assistance under the emergency
assistance for families with needy children program paid to a recipient or another person
to provide housing or another service to an emergency assistance recipient. Under the
bill, DCF must promulgate rules relating to the administration of these provisions.
SB400, s. 101
6Section
101
. 49.141 (7) (a) of the statutes is renumbered 946.90 (3) and
7amended to read:
SB400,53,118
946.90
(3) A person who is convicted of violating sub. (6) in connection with the 9Whoever violates sub. (2) by furnishing
by that person of items or services for which
10payment is or may be made under Wisconsin
works Works is guilty of a Class H
11felony.
SB400, s. 102
12Section
102. 49.141 (7) (b) of the statutes is repealed.
SB400, s. 103
13Section
103. 49.141 (7) (c) (intro.) of the statutes is amended to read:
SB400,53,1814
49.141
(7) (c) (intro.) Except as provided in par. (d), in addition to the penalties
15applicable under
par. (a) or (b) s. 946.90 (2) or (3), a person shall be suspended from
16participating in Wisconsin
works Works for a period of 10 years, beginning on the
17date of conviction, if the person is convicted in a federal or state court for any of the
18following:
SB400, s. 104
19Section
104. 49.141 (7) (c) 3. of the statutes is amended to read:
SB400,53,2320
49.141
(7) (c) 3. Fraudulently misstating or misrepresenting his or her identity
21or place of residence for the purpose of receiving simultaneously in this state and at
22least one other state benefits under the federal
food stamp supplemental assistance
23nutrition program under
7 USC 2011 to
2029.
SB400, s. 105
1Section
105. 49.141 (8) of the statutes is amended to read:
SB400,54,112
49.141
(8) Damages. If a person is convicted under
sub. (6) s. 946.90 (2) or (3),
3the state has a cause of action for relief against the person in an amount equal to 3
4times the amount of actual damages sustained as a result of any excess payments
5made in connection with the offense for which the conviction was obtained. Proof by
6the state of a conviction under
sub. (6) s. 946.90 (2) or (3) is conclusive proof in a civil
7action of the state's right to damages and the only issue in controversy shall be the
8amount, if any, of the actual damages sustained. Actual damages consist of the total
9amount of excess payments, any part of which is paid with state funds. In a civil
10action under this subsection, the state may elect to file a motion in expedition of the
11action. Upon receipt of the motion, the presiding judge shall expedite the action.
SB400, s. 106
12Section
106. 49.141 (9) (title) of the statutes is repealed.
SB400, s. 107
13Section
107. 49.141 (9) (a) to (c) of the statutes are renumbered 946.90 (4) (a)
14to (c), and 946.90 (4) (a), (b) and (c) 1., as renumbered, are amended to read:
SB400,54,2315
946.90
(4) (a) Whoever solicits or receives
any remuneration in cash or in-kind 16money, goods, services, or any other thing of value, in return for referring an
17individual to a person for the furnishing or arranging for the furnishing of any item
18or service for which payment may be made in whole or in part under Wisconsin
works 19Works, or in return for purchasing, leasing, ordering, or arranging for or
20recommending purchasing, leasing, or ordering any good, facility, service, or item for
21which payment may be made in whole or in part under Wisconsin
works Works, is
22guilty of a Class H felony, except that, notwithstanding the maximum fine specified
23in s. 939.50 (3) (h), the person may be fined not more than $25,000.
SB400,55,724
(b) Whoever offers or pays
any remuneration in cash or in-kind money, goods,
25services, or any other thing of value to any person to induce the person to refer an
1individual to a person for the furnishing or arranging for the furnishing of any item
2or service for which payment may be made in whole or in part under Wisconsin
works 3Works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing,
4or ordering any good, facility, service or item for which payment may be made in
5whole or in part under any provision of Wisconsin
works Works, is guilty of a Class
6H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3)
7(h), the person may be fined not more than $25,000.
SB400,55,118
(c) 1. A discount or other reduction in price obtained by a provider of services
9or other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed
10and appropriately reflected in the costs claimed or charges made by the provider or
11entity under Wisconsin
works Works.
SB400, s. 108
12Section
108. 49.141 (10) (title) and (b) of the statutes are repealed.
SB400, s. 109
13Section
109
. 49.141 (10) (a) of the statutes is renumbered 946.90 (5) and
14amended to read:
SB400,55,2315
946.90
(5) A provider
may not who knowingly
impose imposes upon a
recipient 16participant in Wisconsin Works charges
that are in addition to payments received
by
17the provider for services under Wisconsin
works
Works or knowingly
impose imposes 18direct charges upon a
recipient participant in Wisconsin Works in lieu of obtaining
19payment under Wisconsin
works unless Works is guilty of a Class H felony, except
20that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may
21be fined not more than $25,000. This subsection does not apply if benefits or services
22are not provided under Wisconsin
works Works and the
recipient Wisconsin Works
23participant is advised of this fact prior to receiving the service.
Note: Move criminal penalties relating to Wisconsin Works fraud to proposed s.
946.90. Chapter 946, stats., contains crimes against government and its administration.
Also, see Sections 458 to 460.
SB400, s. 110
1Section
110. 49.143 (2) (b) of the statutes is amended to read:
SB400,56,132
49.143
(2) (b) Establish a children's services network. The children's services
3network shall
provide make available information about community resources
4available to the dependent children in a Wisconsin
works Works group, including
5charitable food and clothing centers; subsidized and low-income housing;
6transportation subsidies; the state supplemental food program for women, infants
7and children under s. 253.06; and child care programs. In a county having a
8population of 500,000 or more, a children's services network shall, in addition,
9provide a forum for those persons who are interested in the delivery of child welfare
10services and other services to children and families in the geographical area under
11sub. (6) served by that children's services network to communicate with and make
12recommendations to the providers of those services in that geographical area with
13respect to the delivery of those services in that area.
Note: Modifies language relating to a Wisconsin Works agency's children's services
network to require it to make available information about community resources, instead
of requiring it to provide such information.
SB400, s. 111
14Section
111. 49.143 (2) (d) of the statutes is amended to read: