SB400: Bill Text

SB400,67,18 49.173 (3) (a) 2. Food stamp Supplemental nutrition assistance employment and training.

SB400, s. 151 Section 151. 49.175 (1) (m) of the statutes is amended to read:

SB400,67,21 49.175 (1) (m) Children first. For services under the work experience program for noncustodial parents under s. 49.36 49.163, $1,140,000 in each fiscal year.

SB400, s. 152 Section 152. 49.19 (4) (h) 1. b. of the statutes is amended to read:

SB400,68,12 49.19 (4) (h) 1. b. Except as provided under sub. (5) (a) 1m., when When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this subd. 1. b. remain assigned to the state until that amount of aid paid that represents the amount due as support or maintenance has been recovered. No amount of support that begins to accrue after aid under this section is discontinued for the recipient may be considered assigned to this state.

Note: Deletes references to a provision that is repealed by the bill.

SB400, s. 153 Section 153. 49.19 (5) (a) 1m., (16) and (17) of the statutes are repealed.

Note: Repeals obsolete provisions in the aid to families with dependent children section.

SB400, s. 154 Section 154. 49.195 (title) of the statutes is amended to read:

SB400,68,16 49.195 (title) Recovery of Action to recoup aid to families with dependent children and, Wisconsin works Works benefits.

Note: Modifies title to distinguish from recovery of overpayments.

SB400, s. 155 Section 155. 49.195 (3) of the statutes is renumbered 49.195 (3) (a) and amended to read:

SB400,69,9 49.195 (3) (a) A county, tribal governing body, Wisconsin works Works agency, or the department shall determine whether an overpayment has been made under s. 49.19, 49.148, 49.155, or 49.157 and, if so, the amount of the overpayment. The county, tribal governing body, Wisconsin works Works agency, or department shall provide notice of the overpayment to the liable person. The department shall give that person an opportunity for a review following the procedure specified under s. 49.152 or 49.1525, if the person received the overpayment under s. ss. 49.141 to 49.161, and for a hearing under ch. 227. Notwithstanding s. 49.96 49.043, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.155, or 49.157 that have not already been received under s. 49.161 or 49.19 (17) and shall promulgate rules establishing policies and procedures to administer this subsection. The rules shall include notification procedures similar to those established for child support collections.

Note: Adds a reference to the provision created in this bill relating to review of Wisconsin Shares decisions.

SB400, s. 156 Section 156. 49.195 (3) (b) of the statutes is created to read:

SB400,69,16 49.195 (3) (b) Notwithstanding par. (a), the department shall waive recovery of an overpayment paid to a child care provider under s. 49.155 if the overpayment is a result of the child care provider's reasonable reliance on incorrect information provided by the county department or an agency with which the department contracts under s. 49.155 (1m) regarding the child care provider's eligibility for payment or an individual's eligibility to receive a child care subsidy under s. 49.155.

Note: Requires DCF to waive recovery of incorrect payments to a child care provider if the child care provider provided services in reasonable reliance on information provided to the child care provider.

SB400, s. 157 Section 157. 49.195 (3m) (f) of the statutes is amended to read:

SB400,70,2 49.195 (3m) (f) Notwithstanding s. 49.96 49.043, at any time after the filing of a warrant, the department may commence and maintain a garnishee action as provided by ch. 812 or may use the remedy of attachment as provided by ch. 811 for actions to enforce a judgment. The place of trial of such an action may be either in Dane County or the county where the debtor resides and may not be changed from the county in which that action is commenced, except upon consent of the parties.

SB400, s. 158 Section 158. 49.195 (3n) (q) 2. of the statutes is amended to read:

SB400,70,5 49.195 (3n) (q) 2. The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment debt.

Note: Replaces "benefit overpayment" with the defined term "debt" in the section relating to recovery of aid to families with dependent children and Wisconsin Works benefits.

SB400, s. 159 Section 159. 49.197 (1m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,71,3 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (me), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 or multicounty consortia, as defined in s. 49.78 49.003 (1) (br), and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

SB400, s. 160 Section 160. 49.197 (2) (a) 3. of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

Note: Repeals a definition for the term "tribal governing body," which is created in Section 70 of the bill.

SB400, s. 161 Section 161. 49.197 (3) of the statutes is amended to read:

SB400,71,14 49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161 and, if the department of health services contracts with the department under sub. (5), the Medical Assistance program under subch. IV, the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665.

SB400, s. 162 Section 162. 49.197 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,72,4 49.197 (4) County and tribal error reduction. If the department of health services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.437 (2) (kx) to counties, multicounty consortia, as defined in s. 49.78 49.003 (1) (br), and tribal governing bodies of federally recognized American Indian tribes administering Medical Assistance under subch. IV, the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.

SB400, s. 163 Section 163. 49.197 (5) of the statutes is amended to read:

SB400,72,20 49.197 (5) Contracts for medical assistance, food stamps supplemental nutrition assistance, supplemental security income, and caretaker supplement. Notwithstanding s. 49.845 49.019 (1) and (2), the department of health services may contract with the department to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665 and to conduct activities to reduce payment errors in the Medical Assistance program under subch. IV, the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665, as provided in this section.

SB400, s. 164 Section 164. Subchapter III (title) of chapter 49 [precedes 49.203] of the statutes is repealed and recreated to read:

SB400,72,23 chapter 49

SB400,72,24 Subchapter III

SB400,73,2 children and families; other support services

SB400, s. 165 Section 165. 49.203 of the statutes is created to read:

SB400,73,4 49.203 Definitions. In this subchapter:

SB400,73,5 (1) "Department" means the department of children and families.

SB400,73,6 (2) "Secretary" means the secretary of children and families.

SB400, s. 166 Section 166. 49.22 of the statutes is renumbered 49.811, and 49.811 (2m) (a) and (7m), as renumbered, are amended to read:

SB400,73,22 49.811 (2m) (a) The department may request from any person in this state information it determines appropriate and necessary for the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029 2036. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this paragraph. Except as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this paragraph only in the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029 2036. Employees of the department or a county child support agency under s. 59.53 (5) are subject to s. 49.83 49.013.

SB400,74,7 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, use federal matching funds or funds retained by the department under s. 49.24 49.821 (2) (c), or use up to 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).

SB400, s. 167 Section 167. 49.225 of the statutes is renumbered 49.817.

SB400, s. 168 Section 168. 49.227 of the statutes is renumbered 49.819.

SB400, s. 169 Section 169. 49.24 of the statutes is renumbered 49.821, and 49.821 (2) (a) and (c) and (3), as renumbered, are amended to read:

SB400,74,17 49.821 (2) (a) The department shall, in consultation with representatives of counties, promulgate a rule that specifies the formula according to which the payments under sub. (1) and federal child support incentive payments will be distributed to counties. The rule shall provide that the total of state and federal incentive payments per year to a county may not exceed the costs per year of the county's child support program under s. 49.22 49.811.

SB400,74,22 (c) The department may retain 70% of the amount of federal child support incentive payments awarded to the state for each federal fiscal year that exceeds $12,340,000, to be used to pay the costs of the department's activities under ss. 49.22 49.811 and 49.227 49.819 and costs related to receiving and disbursing support and support-related payments.

SB400,74,25 (3) A county that receives any state child support incentive payment under sub. (1) or any federal child support incentive payment under sub. (2) may use the funds only to pay costs under its child support program under s. 49.22 49.811.

SB400, s. 170 Section 170. 49.25 of the statutes is renumbered 49.823.

SB400, s. 171 Section 171. 49.26 (title) of the statutes is renumbered 49.198 (title).

SB400, s. 172 Section 172. 49.26 (1) (a) to (h) 1s., (hm) and (hr) of the statutes are renumbered 49.198 (1) (a) to (h) 1s., (hm) and (hr), and 49.198 (1) (c), (d), (g) (intro.), (ge), (h) 1s. b. and (hr), as renumbered, are amended to read:

SB400,75,8 49.198 (1) (c) A county department or Wisconsin works Works agency may provide services under this subsection directly or may contract with a nonprofit agency or a school district to provide the services.

SB400,75,16 (d) A county department or Wisconsin Works agency that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department or Wisconsin Works agency and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department or Wisconsin Works agency shall submit the plan to the department and the department of public instruction by January 15, annually.

SB400,75,20 (g) (intro.) An individual who is a dependent child in a Wisconsin Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) or who is a recipient of aid under s. 49.19 is subject to the school attendance requirement under par. (ge) if all of the following apply:

SB400,75,24 (ge) An individual fails to meet the school attendance requirement if the individual is not enrolled in school or was not enrolled in the immediately preceding semester. The Wisconsin works Works agency or county department shall verify enrollment.

SB400,76,3 (h) 1s. b. An individual who is a dependent child in a Wisconsin Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) and who fails to meet the school attendance requirement under par. (ge) is subject to a monthly sanction.

SB400,76,8 (hr) If an individual subject to the school attendance requirement under par. (ge) is enrolled in a public school, communications between the school district and the department, a county department under s. 46.215, 46.22, or 46.23 or a Wisconsin works Works agency concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1) (b).

SB400, s. 173 Section 173. 49.26 (1) (h) 2. and (2) (title) and (a) of the statutes are repealed.

Note: Repeals references to and a definition for "county department" and a provision relating to recipients of aid to families with dependent children in the learnfare statute.

SB400, s. 174 Section 174. 49.26 (2) (b) of the statutes is renumbered 49.198 (2) and amended to read:

SB400,76,15 49.198 (2) County departments or Wisconsin works Works agencies shall provide case management services to individuals who are subject to the school attendance requirement under the learnfare program under sub. (1) and their families to improve the school attendance and achievement of those individuals.

Note: Strikes references to county departments in the learnfare statute.

SB400, s. 175 Section 175. 49.265 (1) (c) of the statutes is repealed.

Note: Repeals a definition for the term "poverty line", which is defined at the beginning of the chapter, in s. 49.001 (5).

SB400, s. 176 Section 176. 49.27 of the statutes is renumbered 49.064.

SB400, s. 177 Section 177. 49.275 of the statutes is renumbered 49.065 and amended to read:

SB400,77,3 49.065 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter subchs. II and III and child welfare under ch. 48 and in other matters of mutual concern under this subchapter subchs. II and III pertaining to public welfare and under ch. 48 pertaining to child welfare.

SB400, s. 178 Section 178. 49.29 of the statutes is repealed.

Note: Repeals an obsolete section relating to the former aid to families with dependent children program.

SB400, s. 179 Section 179. 49.32 (title) of the statutes is renumbered 49.06 (title).

SB400, s. 180 Section 180. 49.32 (1), (2) and (7) to (12) of the statutes are renumbered 49.06 (1), (2) and (6) to (12), and 49.06 (1) (a), (7) (b), (c) and (d), (8), (9) (title), (a), (b) and (c), (10) (a) (intro.) and (10m) (a) and (b), as renumbered, are amended to read:

SB400,77,20 49.06 (1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased under this subchapter ss. 49.811 to 49.823, subchs. II and III, and ch. 48 by the department, or a county department under s. 46.215, 46.22, or 46.23 except as provided in s. 49.22 49.811 (6) and except 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, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services. The department shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department during the previous year and the costs to the state for services relating to such adoptions.

SB400,78,5 (7) (b) The department shall conduct a program to periodically match the records of recipients of aid to families with dependent children under s. 49.19 and, if the department of health services contracts with the department under s. 49.197 (5), recipients of medical assistance under subch. IV and food stamp benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036 with the records of recipients under those programs in other states. If an agreement with the other states can be obtained, matches with records of states contiguous to this state shall be conducted at least annually.

SB400,78,12 (c) The department shall conduct a program to periodically match review the address records of recipients of aid to families with dependent children under s. 49.19 and, if the department of health services contracts with the department under s. 49.197 (5), recipients of medical assistance under subch. IV and food stamp benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036 to verify residency and to identify recipients receiving duplicate or fraudulent payments.

SB400,78,20 (d) The department, with assistance from the department of corrections, shall conduct a program to periodically match the records of persons confined in state correctional facilities with the records of recipients of aid to families with dependent children under s. 49.19 and, if the department of health services contracts with the department under s. 49.197 (5), recipients of medical assistance under subch. IV and food stamp benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036 to identify recipients who may be ineligible for benefits.

SB400,79,5 (8) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of aid to families with dependent children under s. 49.19 and by participants under Wisconsin works Works under ss. 49.141 to 49.161 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.95 when warranted. The department shall use the state wage reporting system under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks.

SB400,79,17 (9) (title) Monthly reports of recipients of aid to families with dependent children Wisconsin Works participants. (a) Each county department under s. 46.215, 46.22, or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin Works agency administering Wisconsin Works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes under s. 48.645 or 49.19 (10).

SB400,80,17 (b) The report under par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person, except any public officer, seeking permission to inspect such report shall be required to prove his or her identity and to sign a statement setting forth his or her address and, the reasons for making the request, and indicating that he or she understands the provisions of par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. Within 7 days after the record is inspected, or on the next regularly scheduled communication with that person, whichever is sooner, the county department or Wisconsin works Works agency shall notify each person whose name and amount of aid was inspected that the record was inspected and of the name and address of the person making such inspection. County departments under ss. 46.215, 46.22 and 46.23 administering aid to families with dependent children and Wisconsin works Works agencies administering Wisconsin works Works under ss. 49.141 to 49.161 may withhold the right to inspect the name of and amount paid to recipients from private individuals who are not inspecting this information for purposes related to public, educational, organizational, governmental , or research purposes until the person whose record is to be inspected is notified by the county department or Wisconsin works Works agency, but in no case may the county department or Wisconsin works Works agency withhold this information for more than 5 working days. The county department or Wisconsin works Works agency shall keep a record of such requests. The record shall indicate the name, address, employer, and telephone number of the person making the request. If the person refuses to provide his or her name, address, employer, and telephone number, the request to inspect this information may be denied.

SB400,80,20 (c) It is unlawful to use any information obtained through access to such report for political or commercial purposes. The violation of this provision is punishable upon conviction as provided in s. 49.83 49.013.

SB400,81,2 (10) (a) (intro.) Each county department under s. 46.215, 46.22, or 46.23 may release the current address of a recipient of food stamps supplemental nutrition assistance program benefits under s. 49.79 or of aid under s. 49.19, and each Wisconsin works Works agency may release the current address of a participant in Wisconsin works Works under ss. 49.141 to 49.161, to a law enforcement officer if the officer meets all of the following conditions:

SB400,82,8 (10m) (a) A county department, relief agency under s. 49.01 49.801 (3m), or Wisconsin works Works agency shall, upon request, and after providing the notice to the recipient required by this paragraph, release the current address of a recipient of relief under s. 49.01 49.801 (3), aid to families with dependent children, or benefits under s. 49.148 to a person, the person's attorney, or an employee or agent of that attorney, if the person is a party to a legal action or proceeding in which the recipient is a party or a witness, unless the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127. If the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127, the county department, relief agency, or Wisconsin works Works agency may not release the current address of the recipient. No county department, relief agency, or Wisconsin works Works agency may release an address under this paragraph until 21 days after the address has been requested. A person requesting an address under this paragraph shall be required to prove his or her identity and his or her participation as a party in a legal action or proceeding in which the recipient is a party or a witness by presenting a copy of the pleading or a copy of the subpoena for the witness. The person shall also be required to sign a statement setting forth his or her name, and address and the reasons for making the request, and indicating that he or she understands the provisions of par. (b) with respect to the use of the information obtained. The statement shall be made on a form prescribed by the department and shall be sworn and notarized. Within 7 days after an address has been requested under this paragraph, the county department, relief agency, or Wisconsin works Works agency shall mail to each recipient whose address has been requested a notification of that fact on a form prescribed by the department. The form shall also include the date on which the address was requested, the name and address of the person who requested the disclosure of the address, the reason that the address was requested, and a statement that the address will be released to the person who requested the address no sooner than 21 days after the date on which the request for the address was made. County departments, relief agencies, and Wisconsin works Works agencies shall keep a record of each request for an address under this paragraph.

SB400,82,14 (b) No person may use an address obtained under this subsection for a purpose that is not connected with the legal action or proceeding to which the person requesting the address is a party. No person may use an address obtained under this subsection for political or commercial purposes. No person may request an address under par. (a) using a fictitious name. Any person who violates this paragraph is subject to the penalties under s. 49.83 49.013.

SB400, s. 181 Section 181. 49.32 (3) to (6) of the statutes are repealed.

Note: Repeals obsolete subsections relating to the former aid to families with dependent children program.

SB400, s. 182 Section 182. 49.325 (1) (a) of the statutes is amended to read:

SB400,82,20 49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit its final budget for services directly provided or purchased under ss. 49.811 to 49.823, this subchapter or subch. II, or ch. 48 to the department by December 31 annually.

SB400, s. 183 Section 183. 49.325 (2) of the statutes is amended to read:

SB400,83,3 49.325 (2) Assessment of needs. Before developing and submitting a proposed budget for services directly provided or purchased under ss. 49.811 to 49.823, this subchapter or subch. II, or ch. 48 to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.