Feed for /2011/related/amendments/ab40/asa1_ab40 PDF
AB40-ASA1,615,2524 (d) Providing information technology and licenses for call centers that are
25operated by multicounty consortia.
AB40-ASA1,616,2
1(e) Maintaining the client assistance reemployment and economic support
2system.
AB40-ASA1,616,43 (f) Contracting with multicounty consortia under sub. (2), including
4establishing performance requirements.
AB40-ASA1,616,65 (g) Contracting with tribal governing bodies under sub. (2m), including
6establishing performance requirements.
AB40-ASA1,616,97 (h) Monitoring contracts with multicounty consortia and tribal governing
8bodies, including compliance with performance standards and federal and other
9reporting requirements.
AB40-ASA1,616,1010 (i) Operating a centralized document processing unit.
AB40-ASA1, s. 1494m 11Section 1494m. 49.78 (8) (a) of the statutes is amended to read:
AB40-ASA1,616,2412 49.78 (8) (a) From the appropriation accounts appropriations under s. 20.435
13(4) (bn) and (nn) and subject to par. (b), the department shall provide funding to
14reimburse each county multicounty consortium that contracts with the department
15under sub. (2)
and each tribal governing body that contracts with the department
16under sub. (2) (2m) for reasonable the costs of administering the income maintenance
17programs, including conducting fraud prevention activities. The amount of each
18reimbursement paid under this paragraph shall be calculated using a formula based
19on workload within the limits of available state and federal funds under s. 20.435 (4)
20(bn) and (nn) by contract under sub. (2)
, in accordance with the terms of the
21applicable contract
. The amount of reimbursement calculated under this paragraph
22and par. (b) is in addition to any reimbursement provided to a county , multicounty
23consortium,
or tribal governing body for fraud and error reduction under s. 49.197
24or 49.845.
AB40-ASA1, s. 1495m 25Section 1495m. 49.78 (8) (b) of the statutes is amended to read:
AB40-ASA1,617,5
149.78 (8) (b) The department may adjust the amounts determined under par.
2(a) for workload changes and computer network activities performed by a county or
3tribal governing body and
may reduce the amount of any reimbursement if federal
4reimbursement is withheld due to audits, quality control samples, or program
5reviews.
AB40-ASA1, s. 1496m 6Section 1496m. 49.78 (10) (title) of the statutes is amended to read:
AB40-ASA1,617,77 49.78 (10) (title) County Reimbursement certification.
AB40-ASA1, s. 1497m 8Section 1497m. 49.78 (10) (a) of the statutes is amended to read:
AB40-ASA1,617,219 49.78 (10) (a) Each county treasurer and director of a county department under
10s. 46.215, 46.22, or 46.23
An authorized representative from each multicounty
11consortium
that contracts with the department under sub. (2) and each tribal
12governing body that contracts with the department under sub. (2) (2m) shall certify
13monthly under oath to the department in such manner as the department prescribes
14the claim of the county multicounty consortium or tribal governing body for state
15reimbursement under sub. (8) (a). The department shall review each claim of
16reimbursement and, if the department approves the claim, the department shall
17certify to the department of administration for reimbursement to the county
18multicounty consortium or tribal governing body for amounts due under sub. (8) (a)
19and payment claimed to be made to the counties multicounty consortia or tribal
20governing bodies monthly. The department may make advance payments prior to
21the beginning of each month equal to one-twelfth of the contracted amount.
AB40-ASA1, s. 1498m 22Section 1498m. 49.78 (10) (b) of the statutes is amended to read:
AB40-ASA1,618,623 49.78 (10) (b) To facilitate prompt reimbursement the certificate of the
24department may be based on the certified statements of the county officers
25authorized representatives of multicounty consortia or tribal governing body

1executives filed under par. (a). Funds recovered from audit adjustments from a prior
2fiscal year may be included in subsequent certifications only to pay counties or
3multicounty consortia
owed funds as a result of any audit adjustment. By September
430 annually, the department shall submit a report to the appropriate standing
5committees under s. 13.172 (3) on funds recovered and paid out during the previous
6calendar year as a result of audit adjustments.
AB40-ASA1, s. 1499m 7Section 1499m. 49.78 (11) (a) of the statutes is amended to read:
AB40-ASA1,618,208 49.78 (11) (a) 1. The department, a county department under s. 46.215, 46.22,
9or 46.23, a multicounty consortium, or a tribal governing body may request from any
10person in this state information it determines appropriate and necessary for
11determining or verifying eligibility or benefits for a recipient under any income
12maintenance program. Unless access to the information is prohibited or restricted
13by law, or unless the person has good cause, as determined by the department in
14accordance with federal law and regulations, for refusing to cooperate, the person
15shall make a good faith effort to provide the information within 7 days after receiving
16a request under this paragraph. The department, county department, multicounty
17consortium,
or tribal governing body, or employees of any of them, may not disclose
18information obtained under this subdivision for any purpose not connected with the
19administration of the income maintenance program for which the information was
20requested.
AB40-ASA1,618,2421 2. In conjunction with any request for information under subd. 1., including a
22request made by subpoena under par. (b), the department, county department,
23multicounty consortium, or tribal governing body shall advise the person of the time
24by which the information must be provided.
AB40-ASA1, s. 1500m 25Section 1500m. 49.78 (11) (b) of the statutes is amended to read:
AB40-ASA1,619,5
149.78 (11) (b) The department, a county department, a multicounty
2consortium,
or a tribal governing body may issue a subpoena, in substantially the
3form authorized under s. 885.02, to compel the production of financial information
4or other documentary evidence for determining or verifying eligibility or benefits for
5a recipient under any income maintenance program.
AB40-ASA1, s. 1501m 6Section 1501m. 49.78 (11) (c) 1. of the statutes is amended to read:
AB40-ASA1,619,97 49.78 (11) (c) 1. Allowing access to financial or other records by the department,
8a county department, a multicounty consortium, or a tribal governing body in
9response to a request under par. (a) or a subpoena described in par. (b).
AB40-ASA1, s. 1502m 10Section 1502m. 49.78 (11) (c) 2. of the statutes is amended to read:
AB40-ASA1,619,1311 49.78 (11) (c) 2. Disclosing information from financial or other records to the
12department, a county department, a multicounty consortium, or a tribal governing
13body in response to a request under par. (a) or a subpoena described in par. (b).
AB40-ASA1, s. 1503m 14Section 1503m. 49.78 (11) (c) 3. of the statutes is amended to read:
AB40-ASA1,619,1915 49.78 (11) (c) 3. Any other action taken in good faith to comply with this
16subsection or a subpoena described in par. (b) or to comply with a request for
17information or access to records from the department, a county department, a
18multicounty consortium,
or a tribal governing body for determining or verifying
19eligibility or benefits for a recipient under any income maintenance program.
AB40-ASA1, s. 1504m 20Section 1504m. 49.785 (2) of the statutes is amended to read:
AB40-ASA1,620,621 49.785 (2) From the appropriation under s. 20.435 (4) (bn) (br), the department
22shall reimburse a county or applicable tribal governing body or organization for any
23amount that the county or applicable tribal governing body or organization is
24required to pay under sub. (1) if the county or applicable tribal governing body or
25organization complies with sub. (3). From the appropriation under s. 20.435 (4) (bn)

1(br), the department shall reimburse a county or applicable tribal governing body or
2organization for cemetery expenses or for funeral and burial expenses for a person
3described under sub. (1) that the county or applicable tribal governing body or
4organization is not required to pay under subs. (1) and (1m) only if the department
5approves the reimbursement due to unusual circumstances and if the county or
6applicable tribal governing body or organization complies with sub. (3).
AB40-ASA1, s. 1505m 7Section 1505m. 49.79 (1) (e) of the statutes is created to read:
AB40-ASA1,620,98 49.79 (1) (e) "Multicounty consortium" has the meaning given in s. 49.78 (1)
9(br).
AB40-ASA1, s. 1506m 10Section 1506m. 49.79 (3) of the statutes is amended to read:
AB40-ASA1,620,1411 49.79 (3) Liability for lost food coupons. (a) A county, multicounty
12consortium,
or federally recognized American Indian tribe is liable for all food stamp
13coupons lost, misappropriated, or destroyed while under the county's , consortium's,
14or tribe's direct control, except as provided in par. (b).
AB40-ASA1,620,1815 (b) A county, multicounty consortium, or federally recognized American Indian
16tribe is not liable for food stamp coupons lost in natural disasters if it provides
17evidence acceptable to the department that the coupons were destroyed and not
18redeemed.
AB40-ASA1,620,2219 (c) A county, multicounty consortium, or federally recognized American Indian
20tribe is liable for food stamp coupons mailed to residents of the county or counties
21that are in the multicounty consortium
or members of the tribe and lost in the mail
22due to incorrect information submitted to the department by the county or tribe.
AB40-ASA1, s. 1507m 23Section 1507m. 49.79 (4) of the statutes is amended to read:
AB40-ASA1,621,424 49.79 (4) Deductions from county income maintenance payments. The
25department shall withhold the value of food stamp losses for which a county,

1multicounty consortium,
or federally recognized American Indian tribe is liable
2under sub. (3) from the payment to the county, multicounty consortium, or tribe
3under income maintenance contracts under s. 49.78 and reimburse the federal
4government from the funds withheld.
AB40-ASA1, s. 1534 5Section 1534. 49.79 (8) of the statutes is amended to read:
AB40-ASA1,621,116 49.79 (8) Benefits for qualified aliens. The department shall not provide
7benefits under this section to a qualified alien who is ineligible for benefits under this
8section solely because of the application of 9 USC 1612 or 1613 according to a plan
9approved by the federal department of agriculture. This subsection does not apply
,
10except
to the extent that federal food stamp benefits for qualified aliens are restored
11required by the federal government.
AB40-ASA1, s. 1535m 12Section 1535m. 49.79 (9) (a) 1. of the statutes is amended to read:
AB40-ASA1,621,2313 49.79 (9) (a) 1. The department shall administer an employment and training
14program for recipients under the food stamp program and may contract under s.
1549.78
with county departments under ss. 46.215, 46.22, and 46.23, multicounty
16consortia,
and with tribal governing bodies to carry out the administrative functions.
17The department may contract, or a county department, multicounty consortium, or
18tribal governing body may subcontract, with a Wisconsin Works agency or another
19provider to administer the employment and training program under this subsection.
20Except as provided in subds. 2. and 3., the department may require able individuals
21who are 18 to 60 years of age who are not participants in a Wisconsin Works
22employment position to participate in the employment and training program under
23this subsection.
AB40-ASA1, s. 1536g 24Section 1536g. 49.793 (1) of the statutes is amended to read:
AB40-ASA1,622,6
149.793 (1) The department or a county or, a multicounty consortium, as defined
2in s. 49.78 (1) (br), or
an elected governing body of a federally recognized American
3Indian tribe or band acting on behalf of the department, may recover overpayments
4that arise from an overissuance of food coupons under the food stamp program
5administered under s. 46.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in
6accordance with 7 USC 2022.
AB40-ASA1, s. 1536m 7Section 1536m. 49.793 (2) (a) of the statutes is amended to read:
AB40-ASA1,622,168 49.793 (2) (a) Except as provided in par. (b), a county , multicounty consortium,
9as defined in s. 49.78 (1) (br),
or governing body of a federally recognized American
10Indian tribe may retain a portion of the amount of an overpayment the state is
11authorized to retain under 7 USC 2025 that is recovered under sub. (1) due to the
12efforts of an employee or officer of the county, multicounty consortium, or tribe. The
13department shall promulgate a rule establishing the portion of the amount of the
14overpayment that the county, multicounty consortium, or governing body may
15retain. This paragraph does not apply to recovery of an overpayment that was made
16as a result of state, county, multicounty consortium, or tribal governing body error.
AB40-ASA1, s. 1537m 17Section 1537m. 49.795 (1) (cm) of the statutes is created to read:
AB40-ASA1,622,1918 49.795 (1) (cm) "Multicounty consortium" has the meaning given in s. 49.78 (1)
19(br).
AB40-ASA1, s. 1538m 20Section 1538m. 49.795 (1) (e) 1. of the statutes is amended to read:
AB40-ASA1,622,2321 49.795 (1) (e) 1. An employee or officer of the federal government, the state, a
22county, a multicounty consortium, or a federally recognized American Indian tribe
23acting in the course of official duties in connection with the food stamp program.
AB40-ASA1, s. 1539m 24Section 1539m. 49.795 (1) (e) 2. of the statutes is amended to read:
AB40-ASA1,623,3
149.795 (1) (e) 2. A person acting in the course of duties under a contract with
2the federal government, the state, a county, a multicounty consortium, or a federally
3recognized American Indian tribe in connection with the food stamp program.
AB40-ASA1, s. 1540m 4Section 1540m. 49.795 (8) (d) 2. of the statutes is amended to read:
AB40-ASA1,623,95 49.795 (8) (d) 2. The person may apply to the county department under s.
646.215, 46.22 or 46.23
multicounty consortium or the federally recognized American
7Indian tribal governing body or, if the person is a supplier, to the federal department
8of agriculture for reinstatement following the period of suspension, if the suspension
9is not permanent.
AB40-ASA1, s. 1541m 10Section 1541m. 49.797 (8) of the statutes is amended to read:
AB40-ASA1,623,1711 49.797 (8) County participation; exception. The department may not require
12a county multicounty consortium, as defined in s. 49.78 (1) (br), or tribal governing
13body to participate in an electronic benefit transfer system under this section if the
14costs to the county multicounty consortium or tribal governing body would be greater
15than the costs that the county multicounty consortium or tribal governing body
16would incur in delivering the benefits through a system that is not an electronic
17benefit transfer system.
AB40-ASA1, s. 1544m 18Section 1544m. 49.825 (2) (d) 1. of the statutes is renumbered 49.825 (2) (d)
19and amended to read:
AB40-ASA1,623,2320 49.825 (2) (d) The department shall reimburse the county for all approved,
21allowable costs that exceed the amounts specified in subd. 2. and that are incurred
22by the county under a contract with the department for the operation of the public
23assistance programs under par. (a) in the county.
AB40-ASA1, s. 1545m 24Section 1545m. 49.825 (2) (d) 2. of the statutes is repealed.
AB40-ASA1, s. 1545n 25Section 1545n. 49.825 (3) (a) of the statutes is amended to read:
AB40-ASA1,624,7
149.825 (3) (a) Supervisory personnel in the unit shall be state employees.
2Nonsupervisory staff performing services under this section for the unit may be a
3combination of state employees and employees of Milwaukee County. For the
4performance of services under this section for the unit, the county shall maintain no
5fewer represented authorized full-time employee positions than the number of
6represented full-time employee positions that were authorized on February 1, 2009,
7for performance of the same types of services.
AB40-ASA1, s. 1545p 8Section 1545p. 49.825 (4) (intro.) of the statutes is amended to read:
AB40-ASA1,624,149 49.825 (4) Treatment of former county employees appointed to state
10employee positions in the unit
before the effective date of this subsection (title)
11.... [LRB inserts date].
(intro.) All of the following shall apply to an employee who
12is appointed to a state employee position in the unit after May 29, 2009, and before
13the effective date of this subsection .... [LRB inserts date],
and who, immediately
14prior to his or her appointment, was a county employee:
AB40-ASA1, s. 1545r 15Section 1545r. 49.825 (4) (e) of the statutes is created to read:
AB40-ASA1,624,2516 49.825 (4) (e) Notwithstanding par. (c), beginning on the effective date of this
17paragraph .... [LRB inserts date], an employee who has opted under par. (c) to remain
18a participating employee in the retirement system established under chapter 201,
19laws of 1937
, shall remain a participating employee in the retirement system until
20the employee has vested in all retirement contributions paid by, or on behalf of, the
21employee. When the employee becomes vested in all of the contributions paid by, or
22on behalf of, the employee in the retirement system established under chapter 201,
23laws of 1937
, the employee may no longer be a participating employee in that
24retirement system and shall immediately become a participating employee in the
25Wisconsin retirement system.
AB40-ASA1, s. 1545t
1Section 1545t. 49.825 (5) of the statutes is created to read:
AB40-ASA1,625,72 49.825 (5) Treatment of former county employees appointed to state
3employee positions in the unit on or after the effective date of this subsection
4(title) .... [LRB inserts date].
(intro.) All of the following shall apply to an employee
5who is appointed to a state employee position in the unit on or after the effective date
6of this subsection .... [LRB inserts date], and who, immediately prior to his or her
7appointment, was a county employee performing services for the unit:
AB40-ASA1,625,108 (a) The employee shall serve any applicable probationary period under s.
9230.28, but shall have his or her seniority with the state computed by treating the
10employee's total service with the county as state service.
AB40-ASA1,625,1211 (b) Annual leave for the employee shall accrue at the rate provided in s. 230.35
12using the employee's state service computed under par. (a).
AB40-ASA1,625,2013 (c) 1. The employee shall remain a participating employee in the retirement
14system established under chapter 201, laws of 1937, until the employee becomes
15vested in all of the contributions paid by, or on behalf of, the employee in the
16retirement system. When the employee becomes vested in all of the contributions
17paid by, or on behalf of, the employee in the retirement system established under
18chapter 201, laws of 1937, the employee may no longer be a participating employee
19in that retirement system and shall immediately become a participating employee
20in the Wisconsin retirement system.
AB40-ASA1,625,2321 2. The secretary shall pay, on behalf of the employee, all required employer
22contributions under the retirement system established under chapter 201, laws of
231937
.
AB40-ASA1,626,724 (d) The employee shall have his or her sick leave accrued with the state
25computed by treating the employee's unused balance of sick leave accrued with the

1county as sick leave accrued in state service, but not to exceed the amount of sick
2leave the employee would have accrued in state service for the same period, if the
3employee is able to provide adequate documentation in accounting for sick leave used
4during the accrual period with the county. Sick leave that transfers under this
5paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon
6death or termination of creditable service for payment of health insurance benefits
7on behalf of the employee or the employee's dependents.
AB40-ASA1,626,88 (e) The employee shall not be subject to s. 40.23 (2m) (er) and (3) (b).
AB40-ASA1, s. 1555m 9Section 1555m. 49.847 (1) of the statutes is amended to read:
AB40-ASA1,626,1410 49.847 (1) Subject to ss. 49.497 (1) and 49.793 (1), the department of health
11services, or a county, multicounty consortium, as defined in s. 49.78 (1) (br), or elected
12governing body of a federally recognized American Indian tribe or band acting on
13behalf of the department, may recover benefits incorrectly paid under any of the
14programs administered by the department under this chapter.
AB40-ASA1, s. 1556m 15Section 1556m. 49.847 (2) of the statutes is amended to read:
AB40-ASA1,626,2116 49.847 (2) The department, county, multicounty consortium, as defined in s.
1749.78 (1) (br),
or elected governing body may recover an overpayment from a family
18or individual who continues to receive benefits under any program administered by
19the department under this chapter by reducing the family's or individual's benefit
20amount. Subject to s. 49.793 (1), the department may by rule specify other methods
21for recovering incorrectly paid benefits.
AB40-ASA1, s. 1628 22Section 1628. 49.857 (1) (c) of the statutes is amended to read:
AB40-ASA1,626,2523 49.857 (1) (c) "Credentialing board" means a board, examining board or
24affiliated credentialing board in the department of regulation and licensing safety
25and professional services
that grants a credential.
AB40-ASA1, s. 1629
1Section 1629. 49.857 (2) (b) 1. of the statutes is amended to read:
AB40-ASA1,627,152 49.857 (2) (b) 1. The circumstances under which the licensing authority or the
3licensing agency must restrict, limit, suspend, withhold, deny, refuse to grant or
4issue or refuse to renew or revalidate a license and guidelines for determining the
5appropriate action to take. The memorandum of understanding with the
6department of regulation and licensing safety and professional services shall include
7the circumstances under which the department of regulation and licensing safety
8and professional services
shall direct a credentialing board to restrict, limit,
9suspend, withhold, deny or refuse to grant a credential and guidelines for
10determining the appropriate action to take. The guidelines under this subdivision
11for determining the appropriate action to take shall require the consideration of
12whether the action is likely to have an adverse effect on public health, safety or
13welfare or on the environment, and of whether the action is likely to adversely affect
14individuals other than the individual holding or applying for the license, such as
15employees of that individual.
AB40-ASA1, s. 1630 16Section 1630. 49.857 (2) (b) 2. a. of the statutes is amended to read:
AB40-ASA1,627,2517 49.857 (2) (b) 2. a. Certifying to the licensing authority or licensing agency a
18delinquency in support or a failure to comply with a subpoena or warrant. The
19memorandum of understanding with the department of regulation and licensing
20safety and professional services shall include procedures for the department of
21regulation and licensing safety and professional services to notify a credentialing
22board that a certification of delinquency in support or failure to comply with a
23subpoena or warrant has been made by the department of children and families with
24respect to an individual who holds or applied for a credential granted by the
25credentialing board.
AB40-ASA1, s. 1631
1Section 1631. 49.857 (2) (b) 2. c. of the statutes is amended to read:
AB40-ASA1,628,102 49.857 (2) (b) 2. c. Notifying the licensing authority or licensing agency that an
3individual has paid delinquent support or made satisfactory alternative payment
4arrangements or satisfied the requirements under a subpoena or warrant. The
5memorandum of understanding with the department of regulation and licensing
6safety and professional services shall include procedures for the department of
7regulation and licensing safety and professional services to notify a credentialing
8board that an individual who holds or applied for a credential granted by the
9credentialing board has paid delinquent support or made satisfactory alternative
10payment arrangements or satisfied the requirements under a subpoena or warrant.
AB40-ASA1, s. 1632 11Section 1632. 49.857 (2) (b) 3. a. of the statutes is amended to read:
AB40-ASA1,628,1712 49.857 (2) (b) 3. a. Restricting, limiting, suspending, withholding, denying,
13refusing to grant or issue or refusing to renew or revalidate a license. The
14memorandum of understanding with the department of regulation and licensing
15safety and professional services shall include procedures for the department of
16regulation and licensing safety and professional services to direct a credentialing
17board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.
AB40-ASA1, s. 1633 18Section 1633. 49.857 (2) (b) 3. c. of the statutes is amended to read:
AB40-ASA1,629,819 49.857 (2) (b) 3. c. Issuing or reinstating a license if the department of children
20and families notifies the licensing authority or licensing agency that an individual
21who was delinquent in making court-ordered payments of support has paid the
22delinquent support or made satisfactory alternative payment arrangements or that
23an individual who failed to comply with a subpoena or warrant has satisfied the
24requirements under the subpoena or warrant. The memorandum of understanding
25with the department of regulation and licensing safety and professional services

1shall include procedures for the department of regulation and licensing safety and
2professional services
to direct a credentialing board to grant or reinstate a credential
3if the department of children and families notifies the department of regulation and
4licensing
safety and professional services that an individual who holds or applied for
5a credential granted by the credentialing board has paid the delinquent support or
6made satisfactory alternative payment arrangements or that an individual who
7failed to comply with a subpoena or warrant has satisfied the requirements under
8the subpoena or warrant.
AB40-ASA1, s. 1634 9Section 1634. 49.857 (3) (a) 1. of the statutes is amended to read:
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