LRB-2340/1
PJK:jld:ph
2011 - 2012 LEGISLATURE
August 18, 2011 - Introduced by Representatives Mursau, Litjens, Bernier,
Jacque, Nygren, Thiesfeldt, August, Kapenga, Honadel, Williams,
Kuglitsch, Steineke, Stroebel, Petersen, LeMahieu
and Endsley,
cosponsored by Senators Grothman, Galloway and Lasee. Referred to
Committee on Homeland Security and State Affairs.
AB222,1,5 1An Act to renumber and amend 49.84 (5); to amend 49.84 (6) (b) 1.; and to
2create
49.84 (5) (a) and 49.84 (7) of the statutes; relating to: requiring
3documentary evidence of citizenship or satisfactory immigration status for
4public assistance programs, granting rule-making authority, and providing a
5penalty.
Analysis by the Legislative Reference Bureau
Wisconsin Works (W-2), Medical Assistance (MA), and the Supplemental
Nutrition Assistance Program (SNAP), formerly known as the food stamp program,
are public assistance programs that provide cash benefits and job assistance,
medical care, and assistance with food purchases to low-income persons who satisfy
other eligibility criteria generally relating to age, pregnancy, or disability. Each of
these programs is administered by the Department of Children and Families (DCF)
or the Department of Health Services (DHS).
Under current law, a person who applies for W-2, MA, or SNAP must, as a
condition of eligibility, provide a declaration of citizenship or satisfactory
immigration status and may be required to provide additional verification of
citizenship or satisfactory immigration status. Current law also provides, with some
exceptions, that as a condition of eligibility for MA, including BadgerCare Plus, or
the program that provides prescription drug assistance for elderly persons,
commonly known as SeniorCare, an applicant or recipient who declares himself or
herself to be a U.S. citizen or national must provide satisfactory documentary

evidence that he or she is a citizen or national. Satisfactory documentation for this
purpose consists of those documents and other forms of evidence specified under
federal law.
This bill provides that, to the extent permitted under federal law if there are
any conflicting federal provisions, any person who applies for a program that is
administered by DHS or DCF under the public assistance chapter of the statutes and
that provides services, benefits, or other assistance (public assistance program)
must, as a condition of eligibility for that program, provide documentary evidence of
citizenship or satisfactory immigration status. In addition to SeniorCare and MA,
including BadgerCare Plus, which have their own documentation requirement
under current law for persons who declare themselves to be citizens or nationals of
the United States, the public assistance programs to which the new requirement
under the bill applies include W-2, including the child care subsidy program known
as Wisconsin Shares; SNAP; the program that provides eligible persons with
assistance in establishing the paternity of a child, establishing or modifying child
support obligations, enforcing child support or maintenance (alimony) obligations,
and locating persons who owe child support or children taken by parents in violation
of court orders; the programs that provide state supplemental payments to persons
receiving federal supplemental security income; the program that pays funeral,
burial, and cemetery expenses for persons whose estates are insufficient to pay those
expenses; and the disease aids program that provides assistance in paying the costs
of medical treatment for eligible persons with cystic fibrosis, hemophilia, or chronic
renal (kidney) disease.
The bill requires every application for a public assistance program to include
a certification clause, to be completed by the welfare worker or other person
processing the application, certifying that he or she has received from the applicant
the necessary documentary evidence and specifying the nature of the documentary
evidence. Any person who falsely certifies that he or she received the documentary
evidence is subject to a $250 forfeiture, in addition to any other penalties that might
apply under current law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB222, s. 1 1Section 1. 49.84 (5) of the statutes is renumbered 49.84 (5) (b) and amended
2to read:
AB222,3,63 49.84 (5) (b) A Notwithstanding any other eligibility requirements specified
4for the public assistance program, to the extent permitted under federal law, any

5person applying for Wisconsin works under ss. 49.141 to 49.161, aid to families with

1dependent children under s. 49.19, medical assistance under subch. IV or food stamp
2program benefits under 7 USC 2011 to 2029
a public assistance program shall, as a
3condition of eligibility, provide a declaration and other verification documentary
4evidence
of citizenship or satisfactory immigration status as required by rule by the
5department by rule administering the program or as required in 42 USC 1320b-7 (d)
6or under sub. (6).
AB222, s. 2 7Section 2. 49.84 (5) (a) of the statutes is created to read:
AB222,3,118 49.84 (5) (a) In this subsection, "public assistance program" means any
9program administered by the department of health services or the department of
10children and families under this chapter under which the department administering
11the program provides services, benefits, or other assistance.
AB222, s. 3 12Section 3. 49.84 (6) (b) 1. of the statutes is amended to read:
AB222,3,1813 49.84 (6) (b) 1. Notwithstanding any other eligibility requirements for the
14programs specified in par. (c), unless
Unless excepted by par. (c), an applicant for or
15recipient under any of those the programs specified in par. (c) who declares himself
16or herself to be a citizen or national of the United States shall provide, as a further
17condition of eligibility, satisfactory documentary evidence, as provided in par. (d),
18that he or she is a citizen or national of the United States.
AB222, s. 4 19Section 4. 49.84 (7) of the statutes is created to read:
AB222,3,2420 49.84 (7) (a) Every application for a public assistance program, as defined in
21sub. (5) (a), shall include a certification clause, which shall be completed by the
22welfare worker or other person processing the application, certifying that he or she
23has received from the applicant documentary evidence required under sub. (5) or (6),
24whichever is applicable, and stating the nature of the documentary evidence.
AB222,4,6
1(b) In addition to any other penalty, any person processing an application for
2a public assistance program, as defined in sub. (5) (a), who falsely certifies on the
3application that he or she received documentary evidence under par. (a) shall be
4required to pay a forfeiture of $250 for each false certification. Notice of the penalty
5under this paragraph shall be printed on the application directly below the
6certification clause required under par. (a).
AB222, s. 5 7Section 5. Initial applicability.
AB222,4,98 (1) This act first applies to applications for programs under chapter 49 of the
9statutes that are submitted on the effective date of this subsection.
AB222, s. 6 10Section 6. Effective date.
AB222,4,1211 (1) This act takes effect on the first day of the 7th month beginning after
12publication.
AB222,4,1313 (End)
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