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102. 49.141 (7) (b) of the statutes is repealed.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106. 49.141 (9) (title) of the statutes is repealed.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:
SB400,56,2115
49.143
(2) (d) If the Wisconsin
works
Works agency is not a county department
16under s. 46.215, 46.22
, or 46.23 or tribal governing body, cooperate with the county
17department or tribal governing body to ensure that services delivered under
18Wisconsin
works Works, the
food stamp supplemental nutrition assistance program
19and
medical assistance Medical Assistance are coordinated with the county or tribal
20governing body in a manner that most effectively serves the recipients of those
21services.
SB400, s. 112
22Section
112. 49.143 (2) (h) of the statutes is created to read:
SB400,57,4
149.143
(2) (h) Prohibit persons who contract with the Wisconsin Works agency
2from imposing on a participant charges that are in addition to payments received by
3the person for services under Wisconsin Works or from imposing direct charges upon
4a participant in lieu of obtaining payment under Wisconsin Works.
Note: Adds a contract requirement for Wisconsin Works agencies. Under current
law and in this bill, this conduct is also the basis for criminal liability.
SB400, s. 113
5Section
113. 49.143 (3g) (a) 1. of the statutes is amended to read:
SB400,57,86
49.143
(3g) (a) 1. The placement of participants in Wisconsin
works Works 7employment positions into unsubsidized employment, as defined in s.
49.147 (1) (c) 849.141 (1) (o).
SB400, s. 114
9Section
114. 49.145 (2) (j) of the statutes is amended to read:
SB400,57,1110
49.145
(2) (j)
On the last day of the month, the The individual is not
11participating in a strike.
Note: Modifies a non-financial eligibility criterion for Wisconsin Works.
SB400, s. 115
12Section
115. 49.145 (2) (s) of the statutes is amended to read:
SB400,58,813
49.145
(2) (s) The individual assigns to the state any right of the individual or
14of any dependent child of the individual to support or maintenance from any other
15person accruing during the time that any assistance, as defined in
45 CFR 260.31,
16under Wisconsin Works is paid to the individual. If a minor who is a beneficiary of
17any assistance under Wisconsin Works is also the beneficiary of support under a
18judgment or order that includes support for one or more children not receiving that
19assistance, any support payment made under the judgment or order is assigned to
20the state during the period that the minor is a beneficiary of that assistance in the
21amount that is the proportionate share of the minor receiving the assistance, except
22as otherwise ordered by the court on the motion of a party. Amounts assigned to the
23state under this paragraph remain assigned to the state until the amount due to the
1federal government has been recovered. No amount of support that begins to accrue
2after the individual ceases to receive assistance under Wisconsin Works may be
3considered assigned to this state.
Except as provided in s. 49.1455, 75 Seventy-five 4percent of all money that is received by the department in a month under an
5assignment to the state under this paragraph for an individual applying for or
6participating in Wisconsin Works shall be paid to the individual applying for or
7participating in Wisconsin Works. The department shall pay the federal share of
8support assigned under this paragraph as required under federal law or waiver.
Note: Deletes reference to a statute that is repealed in the bill.
SB400, s. 116
9Section
116. 49.145 (3m) (title) of the statutes is created to read:
SB400,58,1010
49.145
(3m) (title)
Participant with drug conviction.
SB400, s. 117
11Section
117. 49.1452 of the statutes is renumbered 49.813.
SB400, s. 118
12Section
118. 49.1455 of the statutes is repealed.
Note: Repeals the statute creating the child support demonstration project
because the project no longer exists.
SB400, s. 119
13Section
119. 49.147 (1) (intro.) of the statutes is repealed.
SB400, s. 120
14Section
120. 49.147 (1) (c) of the statutes is renumbered 49.141 (1) (o) and
15amended to read:
SB400,58,1816
49.141
(1) (o) "Unsubsidized employment" means employment for which the
17Wisconsin
works Works agency provides no wage subsidy to the employer including
18self-employment and entrepreneurial activities.
Note: Renumbers a definition for the term "unsubsidized employment", and places
it in s. 49.141, stats., which provides definitions applicable to multiple sections related
to the Wisconsin Works program.
SB400, s. 121
19Section
121. 49.147 (3m) of the statutes is repealed.
Note: Repeals the real work, real pay pilot project which no longer exists.
SB400, s. 122
20Section
122. 49.147 (5m) (a) (intro.) of the statutes is amended to read:
SB400,59,5
149.147
(5m) (a) (intro.) To the extent permitted under
42 USC 607, and except
2as provided in par. (bL), a participant under sub. (4) or (5) may participate in
a
3technical college an education program
provided by a technical college established
4under ch. 38 as part of a community service job placement or transitional placement
5if all of the following requirements are met:
Note: Clarifies reference to technical college education.
SB400, s. 123
6Section
123. 49.147 (6) (cm) 1. of the statutes is amended to read:
SB400,59,137
49.147
(6) (cm) 1. The department may, in the manner provided in s.
49.85 849.023, collect job access loan repayments that are delinquent under the terms of a
9repayment agreement. The department shall credit all delinquent repayments
10collected by the department of revenue as a setoff under s. 71.93 to the appropriation
11account under s. 20.437 (2) (jL). Use of the process under s.
49.85 49.023 does not
12preclude the department from collecting delinquent repayments through other legal
13means.
SB400, s. 124
14Section
124. 49.1473 of the statutes is renumbered 49.143 (2b), and 49.143
15(2b) (a) 2., as renumbered, is amended to read:
SB400,59,1816
49.143
(2b) (a) 2. Each Wisconsin
works
Works agency shall establish
17procedures, in accordance with the rules promulgated by the department under
par.
18(a) subd. 1., for screening victims of domestic abuse.
Note: Moves domestic abuse screening and training requirements for Wisconsin
Works agencies to the section on Wisconsin Works contracts.
SB400,60,921
49.148
(1) (b) 1. Except as provided in subd. 1m., for a participant in a
22community service job under s. 49.147 (4), a monthly grant of $653, paid by the
23Wisconsin Works agency. For every hour that the participant misses work or
1education or training activities without good cause, the grant amount shall be
2reduced by $5. Good cause shall be determined by the financial and employment
3planner in accordance with rules promulgated by the department. Good cause shall
4include required court appearances for a victim of domestic abuse. If a participant
5in a community service job under s. 49.147 (4) is required to work fewer than 30 hours
6per week because the participant has unsubsidized employment
, as defined in s.
749.147 (1) (c), the grant amount under this paragraph shall equal the amount
8specified under subd. 1m. minus $5 for each hour that the participant misses work
9or education or training activities without good cause.
SB400,60,1612
49.148
(1m) (a) 1. A custodial parent of a child 8 weeks old or less who meets
13the eligibility requirements under s. 49.145 (2) and (3), unless another adult member
14of the custodial parent's Wisconsin Works group is participating in, or is eligible to
15participate in, a Wisconsin Works employment position or is employed in
16unsubsidized employment
, as defined in s. 49.147 (1) (c).
SB400, s. 127
17Section
127. 49.148 (4) (title) of the statutes is repealed.
Note: Moves requirements for drug test under Wisconsin Works to the section
regarding participant eligibility criteria.
SB400, s. 129
20Section
129. 49.149 (intro.), (1) and (3) of the statutes are consolidated,
21renumbered 49.143 (2z) and amended to read:
SB400,61,422
49.143
(2z) Wisconsin works; education Education and training. A Wisconsin
23works Works agency shall
do all of the following: (1) Establish
establish a referral
1relationship with other employment and training programs for participants to make
2use of varied education and training opportunities available through integrated job
3centers, as defined by the department by rule
. (3) Encourage, and encourage 4employers to make training sites available on the business site for participants.
Note: Moves education and training requirements for Wisconsin Works agencies
to the section on Wisconsin Works contracts.
SB400, s. 130
5Section
130. 49.15 (3) (a) of the statutes is amended to read:
SB400,61,66
49.15
(3) (a) Unsubsidized employment
, as defined in s. 49.147 (1) (c).
SB400, s. 131
7Section
131. 49.151 (2) of the statutes is renumbered 49.151 (2) (a) (intro.) and
8amended to read:
SB400,61,189
49.151
(2) (a) (intro.) If a
court finds or it is determined after an administrative
10hearing Wisconsin Works agency determines that an individual
who is a member of
11a Wisconsin works group applying for or receiving benefits under
s. 49.138 or ss.
1249.141 to 49.161, for the purpose of establishing or maintaining eligibility for those
13benefits or for the purpose of increasing the value of those benefits, has
intentionally
14violated, on 3 separate occasions, committed an intentional program violation
15related to any provision in
s. 49.138 or ss. 49.141 to 49.161 or any rule promulgated
16under those sections, the Wisconsin
works Works agency
or the department may
17permanently deny benefits under
s. 49.138 or ss. 49.141 to 49.161 to the individual
. 18as follows:
SB400, s. 132
19Section
132. 49.151 (2) (a) 1., 2. and 3. and (b) of the statutes are created to
20read:
SB400,61,2121
49.151
(2) (a) 1. For a first intentional program violation, for 6 months.
SB400,61,2222
2. For a 2nd intentional program violation, for one year.
SB400,61,2323
3. For a 3rd intentional program violation, permanently.
SB400,62,5
1(b) An individual who is denied benefits under par. (a) may request a review
2of the determination following the procedure under s. 49.152 or, if the denial is based
3upon a violation of s. 49.155, may request a contested case hearing under ch. 227 by
4filing a request for a hearing with the department within 30 days after the date of
5the denial.
Note: Clarifies that a Wisconsin Works agency determines whether a person has
intentionally violated a provision of the Wisconsin Works program. The bill also applies
this provision to the emergency assistance program.
Under the bill, as under current law, a person who commits 3 intentional program
violations may be permanently denied benefits. Additionally, under the bill, a person may
be denied benefits for 6 months for one intentional program violation and one year for a
second intentional program violation.
Under the bill, each determination of a violation may be reviewed.
SB400, s. 133
6Section
133. 49.152 (title) of the statutes is amended to read:
SB400,62,7
749.152 (title)
Review of Wisconsin Works agency decisions.
SB400,62,2010
49.152
(1) Petition for review.
Any Except as provided in 49.1525, any 11individual whose application for any component of Wisconsin Works is not acted
12upon by the Wisconsin Works agency with reasonable promptness after the filing of
13the application, as defined by the department by rule, or is denied in whole or in part,
14whose benefit is modified or canceled, or who believes that the benefit was calculated
15incorrectly, that the employment position in which the individual was placed is
16inappropriate, or that providing case management services under s. 49.147 (2) (am)
17in lieu of placement in a Wisconsin Works employment position is inappropriate, may
18petition the Wisconsin Works agency for a review of such action. Review is
19unavailable if the action by the Wisconsin Works agency occurred more than 45 days
20prior to submission of the petition for review.
SB400, s. 135
1Section
135. 49.1525 of the statutes is created to read:
SB400,63,10
249.1525 Review of Wisconsin Shares decisions. (1) Petition for review. 3Any individual whose application for a child care subsidy under s. 49.155 is not acted
4upon with reasonable promptness after the filing of the application, as defined by the
5department by rule, or is denied in whole or in part, whose benefit is modified or
6canceled, or who believes that the benefit was calculated incorrectly, or any child care
7provider who is refused payment under s. 49.155 (7) or assessed a penalty under s.
849.155 (7m), may petition the department for a review of such action. Review is
9unavailable if the action occurred more than 45 days prior to submission of the
10petition for review.
SB400,63,17
11(2) Review. (a) Upon a timely petition under sub. (1), the department shall give
12the applicant, participant, or child care provider reasonable notice and opportunity
13for a review. The department shall render its decision as soon as possible after the
14review and shall send by 1st class mail a certified copy of its decision to the
15last-known address of the applicant, participant or child care provider. The
16department shall deny a petition for a review or shall refuse to grant relief if the
17petitioner does any of the following:
SB400,63,1818
1. Withdraws the petition in writing.
SB400,63,2119
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear
20in person or by representative at a scheduled review without good cause, as defined
21by the department by rule.
SB400,63,2322
(b) The petitioner may request a review of the department's decision under ch.
23227 within 21 days of the date on which the decision of the department is mailed.
SB400,64,4
24(3) Remedies. If, following review under sub. (2), the department determines
25that a participant's child care subsidy benefit was improperly modified, canceled, or
1refused, or was calculated incorrectly, the department shall restore the benefit to the
2level determined to be appropriate by the department retroactive to the date on
3which the benefit was first improperly modified, canceled, refused, or incorrectly
4calculated.
Note: Creates a new section governing the review of department decisions related
to the Wisconsin Shares program.
Note: Moves provisions relating to notice before taking certain actions by a
Wisconsin Works agency so that it precedes the section relating to review of agency
decisions.