49.90 History
History: 1973 c. 90 ss.
296e,
560 (2);
1973 c. 147,
336; Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975);
1975 c. 82,
199;
1977 c. 271,
449;
1979 c. 221,
352;
1981 c. 317;
1983 a. 186;
1985 a. 29 ss.
1055m,
1108 to
1114,
3200 (23);
1985 a. 56,
176,
311,
332; Stats. 1985 s. 49.90;
1987 a. 312 s.
17;
1987 a. 399;
1989 a. 31;
1991 a. 316;
1995 a. 27 ss.
3216 to
3219b,
9126 (19);
1995 a. 77,
224,
404;
1997 a. 3,
27;
2005 a. 443 s.
265;
2007 a. 20 ss.
1756 to
1758,
9121 (6) (a).
49.90 Annotation
Sub. (1) (a) 2. is a substantive provision and legislative intent indicates it is to have prospective effect only. In re Paternity of C.J.H.,
149 Wis. 2d 624,
439 N.W.2d 615 (Ct. App. 1989).
49.90 Annotation
Sub. (1) (a) 1. obligates a spouse to support a dependent spouse who is unable to financially care for him or herself while residing in an institution, but must give way to the more specific terms of s. 49.455 (2) and (3) (a), which are specifically concerned with the allocation of income from a community spouse to an institutionalized spouse receiving medical assistance benefits. Section 49.455 (2) applies in determining eligibility for medical assistance and the required contribution to an institutionalized person's care and s. 49.455 (3) (a) declares that the income of a community spouse is not available to the institutionalized spouse, when, with specific exceptions, a community spouse's income is paid solely to the spouse. Chippewa County Department of Human Services v. Bush,
2007 WI App 184,
305 Wis. 2d 181,
738 N.W.2d 562,
05-1113.
49.95
49.95
Penalties; evidence. 49.95(1)
(1) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, willfully makes any false representations is subject to the following penalties:
49.95(1)(a)
(a) If the value of the assistance so secured does not exceed $300, the person may be required to forfeit not more than $1,000.
49.95(1)(b)
(b) If the value of the assistance exceeds $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months or both.
49.95(1)(c)
(c) If the value of the assistance exceeds $1,000 but does not exceed $2,000, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
49.95(1)(d)
(d) If the value of the assistance exceeds $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.
49.95(1)(e)
(e) If the value of the assistance exceeds $5,000 but does not exceed $10,000, the person is guilty of a Class H felony.
49.95(1)(f)
(f) If the value of the assistance exceeds $10,000, the person is guilty of a Class G felony.
49.95(2)
(2) Any person who willfully does any act designed to interfere with the proper administration of public assistance shall be fined not less than $10 nor more than $100 or be punished by imprisonment for not less than 10 nor more than 60 days.
49.95(3)
(3) Any dependent person who sells or exchanges supplies or articles furnished the person as assistance or who disposes of such supplies or articles in any other way than as directed, with intent thereby to defraud the county or municipality furnishing the assistance, and any person who purchases any article knowing it to have been furnished to another person as assistance shall be punished as provided in
sub. (2).
49.95(4m)
(4m) Any person who does all of the following shall be fined not more than $500 or imprisoned for not more than 30 days or both:
49.95(4m)(a)
(a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, benefits under the Wisconsin works program under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV or food stamps under
7 USC 2011 to
2029.
49.95(4m)(b)
(b) Obtains a pecuniary advantage because the person is brought or sent or goes to the county, tribal governing body or municipality.
49.95(5)
(5) Any person in charge of public assistance or any of the person's assistants who receives or solicits any commission or derives or seeks to obtain any personal financial gain through any purchase, sale, disbursement or contract for supplies or other property used in the administration of public assistance shall be punished as provided in
s. 946.13.
49.95(6)
(6) Where a person is originally eligible for assistance and receives any income or assets or both thereafter and fails to notify the officer or agency granting such assistance of the receipt of such assets within 10 days after such receipt and continues to receive aid, such failure to so notify the proper officer or agency of receipt of such assets or income or both shall be considered a fraud and the penalties in
sub. (1) shall apply.
49.95(8)
(8) Any person who makes any statement in a written application for aid under this chapter shall be considered to have made an admission as to the existence, correctness or validity of any fact stated, which shall be taken as prima facie evidence against the party making it in any complaint, information or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter.
49.95(9)
(9) If any person obtains for himself or herself, or for any other person or dependents or both, assistance under this chapter on the basis of facts stated to the authorities charged with the responsibility of furnishing assistance and fails to notify said authorities within 10 days of any change in the facts as originally stated and continues to receive assistance based on the originally stated facts such failure to notify shall be considered a fraud and the penalties in
sub. (1) shall apply. The negotiation of a check, share draft or other draft received in payment of such assistance by the recipient or the withdrawal of any funds credited to the recipient's account through the use of any other money transfer technique after any change in such facts which would render the person ineligible for such assistance shall be prima facie evidence of fraud in any such case.
49.95(10)
(10) Any person who accepts a relief voucher granted as relief and fails to tender the commodities authorized by the relief authorities to the relief recipient but in lieu thereof refunds to the relief recipient cash or substitutes any alcohol beverages or cigarettes not authorized by the relief voucher shall be considered to have committed a fraud and the penalties provided in
sub. (1) shall apply to said person.
49.95(11)
(11) "Public assistance" as used in this section includes relief funded by a relief block grant and benefits under
ss. 49.141 to
49.161.
49.95 Annotation
An insurance payment compensating for the loss of personal and household property, which are exempt assets under AFDC regulations, was not an exempt asset and was required to be reported under sub. (6). State v. Salzer,
133 Wis. 2d 54,
393 N.W.2d 121 (Ct. App. 1986).
49.95 Annotation
Sub. (6) requires recipients to report all assets or income, regardless of whether they were illegally obtained. State v. Baeza,
156 Wis. 2d 651,
457 N.W.2d 522 (Ct. App. 1990).
49.95 Annotation
If the defendant's AFDC eligibility was based on the absence of the child's father, the failure to report the return to the household of the father constituted fraud regardless of whether the family might have still qualified for assistance under different criteria. State v. Kaufman,
188 Wis. 2d 485,
525 N.W.2d 138 (Ct. App. 1994).
49.96
49.96
Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under
ss. 48.57 (3m) or
(3n),
49.148 (1) (b) 1. or
(c) or
(1m) or
49.149 to
49.159, payments made for social services, cash benefits paid by counties under
s. 59.53 (21), and benefits under
s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.
49.96 Annotation
AFDC money did not lose its exemption from garnishment when it was deposited in a checking account. Northwest Engineering Credit Union v. Jahn,
120 Wis. 2d 185,
353 N.W.2d 67 (Ct. App. 1984).
49.96 Annotation
A support order against actual AFDC grants is prohibited, but an order against earned income of one who also receives AFDC is not. In Support of B., L., T. & K.
171 Wis. 2d 617,
492 N.W.2d 350 (Ct. App. 1992).
